2005 Nevada Revised Statutes - Chapter 127 — Adoption of Children and Adults

CHAPTER 127 - ADOPTION OF CHILDREN ANDADULTS

GENERAL PROVISIONS

NRS 127.003 Definitions.

NRS 127.005 Applicability.

NRS 127.007 StateRegister for Adoptions: Establishment; contents; release of information.

NRS 127.008 StateRegister of Children with Special Needs.

NRS 127.009 Bookleton adoption: Preparation; contents; annual revision; distribution; acceptanceof gifts and grants to assist production and distribution.

ADOPTION OF CHILDREN

NRS 127.010 Jurisdictionof district courts.

NRS 127.013 Transferof proceedings to Indian tribe.

NRS 127.017 Extentto which court must give full faith and credit to judicial proceedings ofIndian tribe.

NRS 127.020 Adoptionof minor children; ages and consent.

NRS 127.030 Whomay petition.

NRS 127.040 Writtenconsent to adoption or for relinquishment to authorized agency: Acknowledgment;when consent required.

NRS 127.043 Consentto adoption required before placement in adoptive home; exception.

NRS 127.045 Releasefor or consent to adoption and investigation required before appointment ofguardian for child to be adopted; exception.

NRS 127.050 Agencieswhich may accept relinquishments and consent to adoption; reimbursement forcertain costs.

NRS 127.051 Agencyresponsible for care of child and entitled to custody; termination ofplacement.

NRS 127.052 Agencyto determine whether child is Indian child; notification of childs tribe.

NRS 127.053 Consentto adoption: Requisites.

NRS 127.055 Consentto adoption: Attesting witnesses may make self-proving affidavits to beattached to consent.

NRS 127.057 Consentto adoption: Copy to be furnished to agency which provides child welfareservices within 48 hours; recommendations; confidentiality of information;unlawful acts.

NRS 127.060 Residenceof petitioners: Adoption of two or more children.

NRS 127.070 Validityof releases for and consents to adoption.

NRS 127.080 Consentto specific adoption or relinquishment for adoption cannot be revoked ornullified; exceptions.

NRS 127.090 Whenconsent unnecessary.

NRS 127.100 Entitlementof petitions, reports and orders.

NRS 127.110 Whenpetition may be filed; contents of petition; limitation on entry of adoptionorder.

NRS 127.120 Petitionto be filed in duplicate; investigation, report and recommendation; court mayorder independent investigation; costs.

NRS 127.123 Noticeof filing of petition to be provided legal custodian or guardian of child.

NRS 127.127 Affidavitsetting forth fees, donations and expenses required to be filed; waiver.

NRS 127.130 Confidentialityof reports; petitioner may rebut adverse report.

NRS 127.140 Confidentialityof hearings, files and records.

NRS 127.150 Orderof adoption or return of child; presumption of childs best interest afteradoption is granted.

NRS 127.152 Adoptingparents to be provided with report which includes medical records and otherinformation concerning child; regulations.

NRS 127.155 Validationof certain orders and decrees.

NRS 127.157 Reportof adoption, amendment or annulment of adoption to State Registrar.

NRS 127.160 Rightsand duties of adopted child and adoptive parents.

NRS 127.165 Whenaction to set aside adoption may be brought; presumption of childs bestinterest after adoption is granted.

NRS 127.171 Rightto visitation of child by relatives; limitations.

NRS 127.180 Appealsfrom orders, judgments or decrees.

NRS 127.186 Adoptionof child with special needs; financial assistance to adoptive parents undercertain 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 legalparent.

NRS 127.1875 Noticeof agreement to court.

NRS 127.188 Inquiryby court before entering order or decree of adoption.

NRS 127.1885 Petitionsto court by natural parents and adoptive parents.

NRS 127.189 Failureto comply; action to enforce terms.

NRS 127.1895 Modificationor termination: Conditions; presumptions and considerations; scope.

ADOPTION OF ADULTS

NRS 127.190 Adoptionof adults: Ages; agreement of adoption.

NRS 127.200 Adoptionof adults: Consent required.

NRS 127.210 Petitionfor approval of agreement of adoption; notice, investigation and hearing; decreeof adoption.

PLACEMENT OF CHILDREN FOR ADOPTION AND PERMANENT FREE CARE

NRS 127.220 Definitions.

NRS 127.230 Standardsfor and regulation of child-placing agencies; regulation of agencies whichprovide child welfare services; regulation of adoption or placement ofchildren.

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 Feesfor services provided by agency which provides child welfare services.

NRS 127.280 Requirementsfor placement of child in home of prospective parents for trial period;verification of intent of natural parents.

NRS 127.2805 Investigationof prospective adoptive parents.

NRS 127.281 Searchfor criminal record of prospective adoptive parent.

NRS 127.2815 Placementof child during investigation; notice and placement of child upon completion ofinvestigation.

NRS 127.2817 Criteriafor determination of suitability of prospective adoptive home; opportunity forprospective adoptive parents to review and respond to unfavorableinvestigation.

NRS 127.282 Petitionfor 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-placingagency required to give preference to placement of child with his siblings.

NRS 127.283 Publicationor broadcast of information concerning child.

NRS 127.285 Limitationon participation of attorneys in adoption proceedings; reporting of violationto bar association; criminal penalty.

NRS 127.287 Paymentto or acceptance by natural parent of compensation in return for placement foror consent to adoption of child.

NRS 127.288 Penaltyfor unlawful payment to or acceptance by natural parent of compensation.

NRS 127.290 Acceptanceof fees or compensation for placing or arranging placement of child.

NRS 127.300 Penaltyfor receipt of compensation by unlicensed person for placing or arrangingplacement of child.

NRS 127.310 Unlawfulplacement or advertising; penalty.

INTERSTATE COMPACT ON PLACEMENT OF CHILDREN

NRS 127.320 Enactment.

NRS 127.330 Textof compact.

NRS 127.340 Administratorof compact: Service at pleasure of Governor; cooperation with all departments,agencies and officers.

NRS 127.350 Supplementaryagreements.

INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE

NRS 127.400 Enactment.

NRS 127.410 Textof compact.

NRS 127.420 Administratorof 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 otherwiserequires:

1. Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.

2. Division means the Division of Child and FamilyServices of the Department of Health and Human Services.

3. Indian child has the meaning ascribed to it in 25U.S.C. 1903.

4. Indian Child Welfare Act means the Indian ChildWelfare 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 NRS127.010 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 notinconsistent with the provisions of NRS127.190, 127.200 and 127.210, govern the adoption of adults.

(Added to NRS by 1959, 606; A 1987, 2049; 1995, 781; 2005, 1682)

NRS 127.007 StateRegister for Adoptions: Establishment; contents; release of information.

1. The Division shall maintain the State Register forAdoptions, which is hereby established, in its central office to provideinformation to identify adults who were adopted and persons related to themwithin the third degree of consanguinity.

2. The State Register for Adoptions consists of:

(a) Names and other information, which theAdministrator of the Division deems to be necessary for the operation of theRegister, relating to persons who have released a child for adoption or haveconsented to the adoption of a child, or whose parental rights have beenterminated by a court of competent jurisdiction, and who have submitted theinformation voluntarily to the Division;

(b) Names and other necessary information of personswho are 18 years of age or older, who were adopted and who have submitted theinformation voluntarily to the Division; and

(c) Names and other necessary information of personswho are related within the third degree of consanguinity to adopted persons,and who have submitted the information voluntarily to the Division.

Any personwhose name appears in the Register may withdraw it by requesting in writingthat it be withdrawn. The Division shall immediately withdraw a name uponreceiving a request to do so, and may not thereafter release any information toidentify that person, including the information that such a name was ever inthe Register.

3. Except as otherwise provided in subsection 4, theDivision may release information:

(a) About a person related within the third degree ofconsanguinity to an adopted person; or

(b) About an adopted person to a person related withinthe third degree of consanguinity,

if the namesand information about both persons are contained in the Register and writtenconsent for the release of such information is given by the natural parent.

4. An adopted person may, by submitting a writtenrequest to the Division, restrict the release of any information concerninghimself to one or more categories of relatives within the third degree ofconsanguinity.

(Added to NRS by 1979, 1282; A 1991, 947; 1993, 37,2679, 2729)

NRS 127.008 StateRegister of Children with Special Needs.

1. The Division shall establish a Register of Childrenwith Special Needs. The Register must include descriptive information on everychild with special needs for whom a prospective adoptive parent is notidentified within 3 months after the child becomes available for adoption, butmust not include any personal information which reveals the identity of thechild or his parents. A copy of the Register must be made available for reviewby prospective adoptive parents at each office of the Division.

2. As used in this section, child with special needsmeans a child for whom placement with an adoptive parent is, in the opinion ofthe Administrator of the Division or his designee, made more difficult becauseof the childs age, race or number of siblings, or because the child suffersfrom a severe or chronic medical, physical, mental or emotional condition.

(Added to NRS by 1991, 1865; A 1993, 2679)

NRS 127.009 Bookleton adoption: Preparation; contents; annual revision; distribution; acceptanceof gifts and grants to assist production and distribution.

1. The Division shall prepare a booklet on adoption inthis 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 beadopted, including statistical information regarding:

(1) The gender and ethnic background of thechildren who are waiting to be adopted;

(2) The number of children placed in fosterhomes who are waiting to be adopted;

(3) The number of children with special needswho are waiting to be adopted; and

(4) The number of siblings who are waiting to beadopted;

(e) The name and location of agencies in Nevada thatplace children with adoptive parents;

(f) The number of prospective adoptive parents;

(g) A comparison of Nevada to the surrounding statesregarding the placement of children with adoptive parents;

(h) A comparison of the Division to other agencieslocated in Nevada regarding the placement of children with adoptive parents;and

(i) Any subsidies, assistance and other services thatmay 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 organizationswhose patients or clients are likely to become involved with the process ofadoption in this state. The booklet must also be distributed to prospectiveadoptive parents and natural parents giving children up for adoption.

3. The Division may accept gifts and grants to assistin 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 Jurisdictionof district courts. Except if the childinvolved is subject to the jurisdiction of an Indian tribe pursuant to theIndian Child Welfare Act, the district courts of this State have originaljurisdiction in adoption proceedings.

[1:332:1953](NRS A 1995, 781)

NRS 127.013 Transferof proceedings to Indian tribe.

1. If proceedings pursuant to this chapter involve therelinquishment of an Indian child who is a ward of a tribal court, resides on areservation or is domiciled on a reservation, the court shall transfer theproceedings to the Indian childs tribe in accordance with the Indian ChildWelfare Act.

2. For the purposes of this section, the domicile ofan Indian child must be determined according to federal common law.

(Added to NRS by 1995, 780)

NRS 127.017 Extentto which court must give full faith and credit to judicial proceedings ofIndian tribe. Each court in this state whichexercises jurisdiction pursuant to this chapter in a case involving an Indianchild shall give full faith and credit to the judicial proceedings of an Indiantribe to the same extent that the Indian tribe gives full faith and credit tothe judicial proceedings of the courts of this state.

(Added to NRS by 1995, 780)

NRS 127.020 Adoptionof minor children; ages and consent. A minorchild may be adopted by an adult person in the cases and subject to the rulesprescribed in this chapter. The person adopting a child must be at least 10years older than the person adopted, and the consent of the child, if over theage of 14 years, is necessary to its adoption.

[2:332:1953]

NRS 127.030 Whomay petition. Any adult person or any twopersons married to each other may petition the district court of any county inthis state for leave to adopt a child. The petition by a person having ahusband or wife shall not be granted unless the husband or wife consentsthereto and joins therein.

[3:332:1953]

NRS 127.040 Writtenconsent to adoption or for relinquishment to authorized agency: Acknowledgment;when consent required.

1. Except as provided in NRS 127.090, written consent to thespecific adoption proposed by the petition or for relinquishment to an agencyauthorized to accept relinquishments acknowledged by the person or personsconsenting, 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 bya court of competent jurisdiction.

2. Consent is not required of a parent who has beenadjudged insane for 2 years if the court is satisfied by proof that suchinsanity is incurable.

[4:332:1953](NRS A 1957, 11; 1971, 835; 1979, 1282)

NRS 127.043 Consentto adoption required before placement in adoptive home; exception.

1. Except as otherwise provided in subsection 2, achild must not be placed in an adoptive home until a valid release for orconsent to adoption is executed by the mother as provided by NRS 127.070.

2. The provisions of this section do not apply if onepetitioner or the spouse of a petitioner is related to the child within thethird degree of consanguinity.

(Added to NRS by 1989, 530)

NRS 127.045 Releasefor or consent to adoption and investigation required before appointment ofguardian for child to be adopted; exception.

1. Except as otherwise provided in subsection 2, untila valid release for or consent to adoption is executed by the mother asprovided by NRS 127.070 and the investigationrequired by NRS 127.2805 is completed,no person may:

(a) Petition any court for the appointment of aguardian; or

(b) Be appointed the temporary guardian,

of theperson of the child to be adopted.

2. The provisions of subsection 1 do not apply to anyperson who is related or whose spouse is related to the child within the thirddegree of consanguinity.

(Added to NRS by 1989, 530; A 1993, 70)

NRS 127.050 Agencieswhich may accept relinquishments and consent to adoption; reimbursement forcertain costs.

1. The following agencies may accept relinquishmentsfor the adoption of children from parents and guardians in this State:

(a) An agency which provides child welfare services inits own capacity or on behalf of a child-placing agency authorized under thelaws 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 adoptionof children in this State:

(a) An agency which provides child welfare services towhich the child has been relinquished for adoption;

(b) A child-placing agency licensed by the Division, towhom the child has been relinquished for adoption; or

(c) Any child-placing agency authorized under the lawsof another state to accept relinquishments and make placements, to whom thechild has been relinquished or otherwise approved for adoption in that state.

3. If an agency which provides child welfare servicesaccepts a relinquishment on behalf of a child-placing agency pursuant tosubsection 1, the child-placing agency shall reimburse the agency whichprovides 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 Agencyresponsible for care of child and entitled to custody; termination ofplacement. The agency to which a child hasbeen ordered or relinquished for adoption shall be responsible for the care ofthe child, and shall be entitled to the custody and control of the child at alltimes until a petition for adoption has been granted. Any placement foradoption made by the agency may be terminated by the mutual consent of theprospective adoptive parents and the agency, or by order of the district courtfor removal from the home upon the application of the agency when in theopinion of the agency the placement for adoption is detrimental to the interestof the child. In the event of the termination of any placement for temporarycare or for adoption, the child shall be returned promptly to the physical custodyof the agency.

(Added to NRS by 1973, 1588)

NRS 127.052 Agencyto determine whether child is Indian child; notification of childs tribe.

1. Each agency which, pursuant to NRS 127.050, accepts a relinquishment forthe adoption of a child shall make all necessary inquiries to determine whetherthe child is an Indian child. If it determines that the child is an Indianchild and that the child is a ward of a tribal court, resides on a reservationor is domiciled on a reservation, the agency shall so notify the childs tribein writing.

2. The Division shall adopt regulations establishingreasonable and uniform standards for making the necessary inquiries todetermine whether a child is an Indian child.

3. For the purposes of this section, the domicile ofan Indian child must be determined according to federal common law.

(Added to NRS by 1995, 780)

NRS 127.053 Consentto adoption: Requisites. No consent to aspecific adoption executed in this State, or executed outside this State foruse 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 consentingto the adoption as required in this chapter.

3. Is acknowledged by the person consenting andsigning the consent to adoption in the manner and form required for conveyancesof real property.

4. Contains, at the time of execution, the name of theperson 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 thepresence of the person consenting. If neither the petitioner nor the spouse ofa 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 childrenfor adoption;

(c) A comparable state or county agency of anotherstate; or

(d) An agency authorized under the laws of anotherstate to place children for adoption, if the natural parent resides in thatstate.

(Added to NRS by 1961, 736; A 1973, 1588; 1987, 2050;1991, 948; 1993, 204, 2681, 2731; 2001 Special Session, 3)

NRS 127.055 Consentto adoption: Attesting witnesses may make self-proving affidavits to beattached to consent.

1. Any or all of the attesting witnesses to anyconsent to adoption may, at the request of the person or persons who executedthe consent, make and sign an affidavit before any person authorized toadminister oaths in this state, stating such facts as they would be required totestify to in court to prove the due execution of the consent to adoption. Theaffidavit must be written on the consent to adoption, or, if that isimpracticable, on some paper attached thereto. The sworn statement of anywitness so taken must be accepted by the court in any action or proceedingrelating to the validity or due execution of the consent to adoption as if it hadbeen taken before the court.

2. The affidavit described in subsection 1 may besubstantially 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 voluntaryconsent to adoption in their presence; that at the time the consent to adoptionwas executed it contained the names of the person or persons to whom consentwas thereby given to adopt the child; that they thereafter subscribed the sameas witnesses in the presence of ................ (name of person or personsconsenting) and in the presence of each other and at the request of................ (name of person or persons consenting); that at the time ofthe execution of the consent to adoption ................ (name of person orpersons consenting) acknowledged to them that she (he or they) was (were), andshe (he or they) appeared to them to be, in full possession of her (his ortheir) faculties and not under the influence of any drug or sedative or subjectto any duress, fear, menace, compulsion or undue influence whatever; and thatthey 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 Consentto adoption: Copy to be furnished to agency which provides child welfareservices within 48 hours; recommendations; confidentiality of information;unlawful acts.

1. Any person to whom a consent to adoption executedin this state or executed outside this state for use in this state is deliveredshall, within 48 hours after receipt of the executed consent to adoption,furnish a true copy of the consent, together with a report of the permanentaddress of the person in whose favor the consent was executed to the agencywhich provides child welfare services.

2. Any person recommending in his professional oroccupational capacity, the placement of a child for adoption in this stateshall immediately notify the agency which provides child welfare services ofthe impending adoption.

3. All information received by the agency whichprovides child welfare services pursuant to the provisions of this section isconfidential and must be protected from disclosure in the same manner thatinformation is protected under NRS 432.035.

4. Any person who violates any of the provisions ofthis 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)

NRS 127.060 Residenceof petitioners: Adoption of two or more children.

1. The petition for adoption shall not be grantedunless the petitioners have resided in the State of Nevada for a period of 6months prior to the granting of the petition.

2. The same petitioners may, in one petition, petitionfor the adoption of two or more children, if the children be brothers orsisters or brother and sister.

[6:332:1953](NRS A 1961, 737)

NRS 127.070 Validityof releases for and consents to adoption.

1. All releases for and consents to adoption executedin this state by the mother before the birth of a child or within 72 hoursafter the birth of a child are invalid.

2. A release for or consent to adoption may be executedby the father before the birth of the child if the father is not married to themother. A release executed by the father becomes invalid if:

(a) The father of the child marries the mother of thechild before the child is born;

(b) The mother of the child does not execute a releasefor or consent to adoption of the child within 6 months after the birth of thechild; or

(c) No petition for adoption of the child has beenfiled within 2 years after the birth of the child.

[7:332:1953](NRS A 1979, 1283; 1987, 2050; 1989,531)

NRS 127.080 Consentto specific adoption or relinquishment for adoption cannot be revoked ornullified; exceptions.

1. Except as otherwise provided in NRS 127.070, 127.2815 and 127.282, a written consent to a specificadoption pursuant to this chapter cannot be revoked or nullified.

2. Except as otherwise provided in NRS 127.070, a relinquishment for adoptionpursuant to this chapter cannot be revoked or nullified.

3. A minor parent may execute a relinquishment for adoptionand cannot revoke it upon coming of age.

[8:332:1953](NRS A 1967, 984; 1979, 1283; 1981, 718;1993, 70)

NRS 127.090 Whenconsent unnecessary. Consent of a parent to anadoption shall not be necessary where parental rights have been terminated byan order of a court of competent jurisdiction.

[9:332:1953; A 1955, 192]

NRS 127.100 Entitlementof petitions, reports and orders. Allpetitions, reports and orders in adoption proceedings shall be entitled only inthe names of the adopting parties.

[10:332:1953]

NRS 127.110 Whenpetition may be filed; contents of petition; limitation on entry of adoptionorder.

1. A petition for adoption of a child who currentlyresides in the home of the petitioners may be filed at any time after the childhas 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 theperiod the petitioners have resided in the State of Nevada before the filing ofthe petition.

(b) The age of the child sought to be adopted and theperiod that the child has lived in the home of petitioners before the filing ofthe petition.

(c) That it is the desire of the petitioners that therelationship 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 tohave the care and custody of the child.

(f) That they are financially able to provide for thechild.

(g) That there has been a full compliance with the lawin 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 therehas 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)

NRS 127.120 Petitionto be filed in duplicate; investigation, report and recommendation; court mayorder independent investigation; costs.

1. A petition for adoption of a child must be filed induplicate with the county clerk. The county clerk shall send one copy of thepetition to the agency which provides child welfare services.

2. The agency which provides child welfare servicesshall make an investigation and report as provided in this section. If onepetitioner or the spouse of a petitioner is related to the child within thethird degree of consanguinity, the court may, in its discretion, waive theinvestigation by the agency which provides child welfare services. A copy ofthe order waiving the investigation must be sent to the nearest office of theagency which provides child welfare services by the petitioners within 7 daysafter the order is issued.

3. The agency which provides child welfare services ora 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 theproposed adopting parents are suitable for the child.

4. The agency which provides child welfare services orthe designated child-placing agency shall, before the date on which the childhas lived for a period of 6 months in the home of the petitioners or within 30days 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 subsection3, which must contain, without limitation, a specific recommendation for oragainst approval of the petition and a statement of whether the child is knownto be an Indian child, and shall furnish to the court any other informationregarding the child or proposed home which the court requires. The court, ongood cause shown, may extend the time, designating a time certain, within whichto submit the report.

5. If the court is dissatisfied with the reportsubmitted by the agency which provides child welfare services or the designatedchild-placing agency, the court may order an independent investigation to beconducted 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 petitioneror 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 Noticeof filing of petition to be provided legal custodian or guardian of child. Notice of the filing of a petition for the adoption of achild must be provided to the legal custodian or guardian of the child if thatcustodian or guardian is a person other than the natural parent of the child.

(Added to NRS by 1987, 2049)

NRS 127.127 Affidavitsetting forth fees, donations and expenses required to be filed; waiver. The petitioners shall file with the court, within 15 daysafter the petition is filed or 5 months after the child begins to live in theirhome, whichever is later, an affidavit executed by them and their attorneysetting forth all fees, donations and expenses paid by them in furtherance ofthe adoption. A copy of the affidavit must be sent to the agency which provideschild welfare services. If one petitioner or the spouse of a petitioner isrelated to the child within the third degree of consanguinity, the court maywaive the filing of the affidavit.

(Added to NRS by 1987, 2049; A 1993, 2682; 2001 Special Session, 5)

NRS 127.130 Confidentialityof reports; petitioner may rebut adverse report. Thereport of either the agency which provides child welfare services or thelicensed child-placing agency designated by the court must not be made a matterof public record, but must be given in writing and in confidence to thedistrict judge before whom the matter is pending. If the recommendation of theagency which provides child welfare services or the designated agency isadverse, the district judge, before denying the petition, shall give thepetitioner an opportunity to rebut the findings and recommendation of thereport of the agency which provides child welfare services or the designatedagency.

[13:332:1953](NRS A 1963, 891; 1965, 36; 1967, 1148;1973, 1406; 1993, 2682; 2001 Special Session, 5)

NRS 127.140 Confidentialityof hearings, files and records.

1. All hearings held in proceedings under this chapterare confidential and must be held in closed court, without admittance of anyperson other than the petitioners, their witnesses, the director of an agency,or their authorized representatives, attorneys and persons entitled to noticeby this chapter, except by order of the court.

2. The files and records of the court in adoptionproceedings are not open to inspection by any person except:

(a) Upon an order of the court expressly so permittingpursuant to a petition setting forth the reasons therefor;

(b) If a natural parent and the child are eligible toreceive 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 petitionpursuant to NRS 127.1885 or 127.1895 to enforce, modify or terminatean agreement that provides for postadoptive contact may inspect only theportions of the files and records of the court concerning the agreement forpostadoptive contact.

4. A natural parent who intends to file a petitionpursuant to NRS 127.1885 to prove theexistence of or to enforce an agreement that provides for postadoptive contactor to file an action pursuant to NRS 41.509may inspect only the portions of the files or records of the court concerningthe agreement for postadoptive contact.

5. The portions of the files and records which aremade available for inspection by an adoptive parent or natural parent pursuantto subsection 3 or 4 must not include any confidential information, including,without limitation, any information that identifies or would lead to theidentification of a natural parent if the identity of the natural parent is notincluded in the agreement for postadoptive contact.

[14:332:1953](NRS A 1979, 1283; 2005, 1682)

NRS 127.150 Orderof adoption or return of child; presumption of childs best interest afteradoption is granted.

1. If the court finds that the best interests of thechild warrant the granting of the petition, an order or decree of adoption mustbe made and filed, ordering that henceforth the child is the child of thepetitioners. When determining whether the best interests of the child warrantthe granting of a petition that is filed by a foster parent, the court shallgive strong consideration to the emotional bond between the child and thefoster parent. A copy of the order or decree must be sent to the nearest officeof the agency which provides child welfare services by the petitioners within 7days after the order or decree is issued. In the decree the court may changethe name of the child, if desired. No order or decree of adoption may be madeuntil after the child has lived for 6 months in the home of the petitioners.

2. If the court is not satisfied that the proposedadoption is in the best interests of the child, the court shall deny thepetition and may order the child returned to the custody of the person oragency 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 inthe childs best interest.

[15:332:1953](NRS A 1961, 739; 1989, 1134; 1993,2683; 1995, 734; 1999,2026; 2001Special Session, 5)

NRS 127.152 Adoptingparents to be provided with report which includes medical records and otherinformation concerning child; regulations.

1. Except as otherwise provided in subsection 3, theagency which provides child welfare services or a licensed child-placing agencyshall provide the adopting parents of a child with a report which includes:

(a) A copy of any medical records of the child whichare in the possession of the agency which provides child welfare services orlicensed child-placing agency.

(b) Any information obtained by the agency whichprovides child welfare services or licensed child-placing agency duringinterviews of the natural parent regarding:

(1) Themedical and sociological history of the child and the natural parents of thechild; and

(2) Any behavioral, emotional or psychologicalproblems that the child may have. Information regarding any behavioral,emotional or psychological problems that the child may have must be discussedin accordance with policies established by an agency which provides childwelfare services and a child-placing agency pursuant to regulations adopted bythe 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 isdetermined pursuant to NRS 127.186 thathe has any special needs.

2. The agency which provides child welfare services orchild-placing agency shall obtain from the adopting parents writtenconfirmation that the adopting parents have received the report requiredpursuant to subsection 1.

3. The report required pursuant to subsection 1 mustexclude any information that would lead to the identification of the natural parent.

4. The Division shall adopt regulations specifying theprocedure and format for the provision of information pursuant to this section,which may include the provision of a summary of certain information. If asummary is provided pursuant to this section, the adopting parents of the childmay 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 Validationof certain orders and decrees. Any order or decreeof adoption entered after July 1, 1963, and before July 1, 1965, by a court ofcompetent jurisdiction where there has not been a complete compliance with NRS 127.220 to 127.310, inclusive, is hereby declaredvalid.

(Added to NRS by 1965, 1320)

NRS 127.157 Reportof adoption, amendment or annulment of adoption to State Registrar.

1. After an order or decree of adoption has beenentered, the court shall direct the petitioner or his attorney to prepare areport of adoption on a form prescribed and furnished by the State Registrar ofVital Statistics. The report must:

(a) Identify the original certificate of birth of theperson adopted;

(b) Provide sufficient information to prepare a newcertificate 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 servicesshall provide the petitioner or his attorney with any factual information whichwill assist in the preparation of the report required in subsection 1.

3. If an order or decree of adoption is amended orannulled, the petitioner or his attorney shall prepare a report to the StateRegistrar of Vital Statistics, which includes sufficient information toidentify the original order or decree of adoption and the provisions of thatdecree which were amended or annulled.

4. The petitioner or his attorney shall forward allreports required by the provisions of this section to the State Registrar ofVital Statistics not later than the 10th day of the month next following themonth in which the order or decree was entered, or more frequently if requestedby the State Registrar, together with any related material the State Registrarmay require.

(Added to NRS by 1977, 1348; A 1993, 2683; 2001 Special Session, 6)

NRS 127.160 Rightsand duties of adopted child and adoptive parents. Uponthe entry of an order of adoption, the child shall become the legal child ofthe persons adopting him, and they shall become his legal parents with all therights and duties between them of natural parents and legitimate child. Byvirtue of such adoption he shall inherit from his adoptive parents or theirrelatives the same as though he were the legitimate child of such parents, andin case of his death intestate the adoptive parents and their relatives shallinherit his estate as if they had been his natural parents and relatives infact. After a decree of adoption is entered, the natural parents of an adoptedchild shall be relieved of all parental responsibilities for such child, andthey shall not exercise or have any rights over such adopted child or his property.The child shall not owe his natural parents or their relatives any legal dutynor shall he inherit from his natural parents or kindred. Notwithstanding anyother provisions to the contrary in this section, the adoption of a child byhis stepparent shall not in any way change the status of the relationshipbetween the child and his natural parent who is the spouse of the petitioningstepparent.

[16:332:1953]

NRS 127.165 Whenaction to set aside adoption may be brought; presumption of childs bestinterest after adoption is granted.

1. The natural parent of a child may not bring anaction 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 foradoption; or

(c) Reversed an order terminating the parental rightsof 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 thehome of the adopting parent is in the childs best interest.

(Added to NRS by 1995, 733)

NRS 127.171 Rightto visitation of child by relatives; limitations.

1. Except as otherwise provided in NRS 127.187 to 127.1895, inclusive, in a proceeding forthe adoption of a child, the court may grant a reasonable right to visit tocertain relatives of the child only if a similar right had been grantedpreviously pursuant to NRS 125C.050.

2. The court may not grant a right to visit the childto any person other than as specified in subsection 1.

(Added to NRS by 1987, 2049; A 2005, 1682)

NRS 127.180 Appealsfrom orders, judgments or decrees. Any personagainst whom any order, judgment or decree is made or who is affected therebymay appeal to the Supreme Court from any order, judgment or decree of thedistrict court made under the provisions of this chapter, in the same manner asin other civil proceedings.

[18:332:1953]

NRS 127.186 Adoptionof child with special needs; financial assistance to adoptive parents undercertain circumstances; waiver of court costs of adoptive parents; regulations.

1. The agency which provides child welfare service ora child-placing agency licensed by the Division pursuant to this chapter mayconsent to the adoption of a child under 18 years of age with special needs dueto race, age or physical or mental problems who is in the custody of the agencywhich provides child welfare services or the licensed agency by proposedadoptive parents when, in the judgment of the agency which provides childwelfare services or the child-placing agency, it would be in the best interestsof the child to be placed in that adoptive home.

2. The agency which provides child welfare services orchild-placing agency shall in a timely and diligent manner:

(a) Schedule any evaluations necessary to identify anyspecial needs the child may have.

(b) If it determines that the child has any specialneeds:

(1) Notify the proposed adoptive parents:

(I) That they may be eligible for a grantof financial assistance pursuant to this section; and

(II) The manner in which to apply for suchfinancial assistance; and

(2) Assist the proposed adoptive parents inapplying for and satisfying any other prerequisites necessary to obtain a grantof financial assistance pursuant to this section and any other relevantsubsidies and services which may be available.

3. The agency which provides child welfare servicesmay grant financial assistance for attorneys fees in the adoption proceeding,for maintenance and for preexisting physical or mental conditions to theadoptive parents of a child with special needs out of money provided for thatpurpose if the head of the agency which provides child welfare services or hisdesignee has reviewed and approved in writing the grant of financialassistance.

4. The grant of financial assistance must be limited,both as to amount and duration, by agreement in writing between the agencywhich provides child welfare services and the adoptive parents. Such anagreement must not become effective before the entry of the order of adoption.

5. Any grant of financial assistance must be reviewedand evaluated at least once annually by the agency which provides child welfareservices. The evaluation must be presented for approval to the head of theagency which provides child welfare services or his designee. Financialassistance must be discontinued immediately upon written notification to theadoptive parents by the agency which provides child welfare services thatcontinued assistance is denied.

6. All financial assistance provided under thissection ceases immediately when the child attains majority, becomesself-supporting, is emancipated or dies, whichever occurs first.

7. Neither a grant of financial assistance pursuant tothis section nor any discontinuance of such assistance affects the legal statusor respective obligations of any party to the adoption.

8. A court shall waive all court costs of the proposedadoptive parents in an adoption proceeding for a child with special needs ifthe agency which provides child welfare services or child-placing agencyconsents to the adoption of such a child pursuant to this section.

9. The Division, in consultation with each agencywhich provides child welfare services, shall adopt regulations regardingeligibility for and the procedures for applying for a grant of financialassistance 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)

AGREEMENTS FOR POSTADOPTIVE CONTACT

NRS 127.187 Requirements;court to retain jurisdiction; no effect on rights of adoptive parent as legalparent.

1. The natural parent or parents and the prospectiveadoptive parent or parents of a child to be adopted may enter into anenforceable agreement that provides for postadoptive contact between:

(a) The child and his natural parent or parents;

(b) The adoptive parent or parents and the naturalparent or parents; or

(c) Any combination thereof.

2. An agreement that provides for postadoptive contactis enforceable if the agreement:

(a) Is in writing and signed by the parties; and

(b) Is incorporated into an order or decree ofadoption.

3. The identity of a natural parent is not required tobe included in an agreement that provides for postadoptive contact. If suchinformation is withheld, an agent who may receive service of process for thenatural parent must be provided in the agreement.

4. A court that enters an order or decree of adoptionwhich incorporates an agreement that provides for postadoptive contact shallretain jurisdiction to enforce, modify or terminate the agreement that providesfor 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 forpostadoptive contact does not affect the rights of an adoptive parent as thelegal parent of the child as set forth in NRS127.160.

(Added to NRS by 2005, 1679)

NRS 127.1875 Noticeof agreement to court.

1. Each prospective adoptive parent of a child to beadopted who enters into an agreement that provides for postadoptive contactpursuant to NRS 127.187 shall notify thecourt responsible for entering the order or decree of adoption of the child ofthe existence of the agreement as soon as practicable after the agreement isestablished, but not later than the time at which the court enters the order ordecree of adoption of the child.

2. Each:

(a) Director or other authorized representative of theagency which provides child welfare services or the licensed child-placingagency involved in the adoption proceedings concerning the child; and

(b) Attorney representing a prospective adoptiveparent, the child, the agency which provides child welfare services or thelicensed child-placing agency in the adoption proceedings concerning the child,

shall, assoon as practicable after obtaining actual knowledge that the prospectiveadoptive parent or parents of the child and the natural parent or parents ofthe child have entered into an agreement that provides for postadoptive contactpursuant to NRS 127.187, notify thecourt responsible for entering the order or decree of adoption of the child ofthe existence of the agreement.

(Added to NRS by 2005, 1680)

NRS 127.188 Inquiryby court before entering order or decree of adoption.

1. Before a court may enter an order or decree ofadoption of a child, the court must address in person:

(a) Each prospective adoptive parent of the child to beadopted;

(b) Each director or other authorized representative ofthe agency which provides child welfare services or the licensed child-placingagency involved in the adoption proceedings concerning the child; and

(c) Each attorney representing a prospective adoptiveparent, the child, the agency which provides child welfare services or thelicensed child-placing agency in the adoption proceedings concerning the child,

and inquirewhether the person has actual knowledge that the prospective adoptive parent orparents of the child and natural parent or parents of the child have enteredinto an agreement that provides for postadoptive contact pursuant to NRS 127.187.

2. If the court determines that the prospectiveadoptive parent or parents and the natural parent or parents have entered intoan agreement that provides for postadoptive contact, the court shall:

(a) Order the prospective adoptive parent or parents toprovide a copy of the agreement to the court; and

(b) Incorporate the agreement into the order or decreeof adoption.

(Added to NRS by 2005, 1680)

NRS 127.1885 Petitionsto court by natural parents and adoptive parents.

1. A natural parent who has entered into an agreementthat provides for postadoptive contact pursuant to NRS 127.187 may, for good cause shown:

(a) Petition the court that entered the order or decreeof adoption of the child to prove the existence of the agreement that providesfor postadoptive contact and to request that the agreement be incorporated intothe order or decree of adoption; and

(b) During the period set forth in subsection 2 of NRS 127.189, petition the court thatentered the order or decree of adoption of the child to enforce the terms ofthe agreement that provides for postadoptive contact if the agreement complieswith the requirements of subsection 2 of NRS127.187.

2. An adoptive parent who has entered into anagreement 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 thatentered the order or decree of adoption of the child to enforce the terms ofthe agreement that provides for postadoptive contact if the agreement complieswith the requirements of subsection 2 of NRS127.187; and

(b) Petition the court that entered the order or decreeof adoption of the child to modify or terminate the agreement that provides forpostadoptive contact in the manner set forth in NRS 127.1895.

(Added to NRS by 2005, 1680)

NRS 127.189 Failureto comply; action to enforce terms.

1. Failure to comply with the terms of an agreementthat 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 orconsent to an adoption or a relinquishment for adoption; or

(c) Except as otherwise provided in NRS 41.509, award any civil damages to aparty to the agreement.

2. Any action to enforce the terms of an agreementthat provides for postadoptive contact must be commenced not later than 120days after the date on which the agreement was breached.

(Added to NRS by 2005, 1681)

NRS 127.1895 Modificationor termination: Conditions; presumptions and considerations; scope.

1. An agreement that provides for postadoptive contactentered into pursuant to NRS 127.187 mayonly be modified or terminated by an adoptive parent petitioning the court thatentered the order or decree which included the agreement. The court may grant arequest to modify or terminate the agreement only if:

(a) The adoptive parent petitioning the court for themodification or termination establishes that:

(1) A change in circumstances warrants themodification or termination; and

(2) The contact provided for in the agreement isno longer in the best interests of the child; or

(b) Each party to the agreement consents to themodification or termination.

2. If an adoptive parent petitions the court for amodification or termination of an agreement pursuant to this section:

(a) There is a presumption that the modification ortermination is in the best interests of the child; and

(b) The court may consider the wishes of the childinvolved in the agreement.

3. Any order issued pursuant to this section to modifyan agreement that provides postadoptive contact:

(a) May limit, restrict, condition or decrease contactbetween the parties involved in the agreement; and

(b) May not expand or increase the contact between theparties involved in the agreement or place any new obligation on an adoptiveparent.

(Added to NRS by 2005, 1681)

ADOPTION OF ADULTS

NRS 127.190 Adoptionof adults: Ages; agreement of adoption.

1. Notwithstanding any other provision of law, anyadult person may adopt any other adult person younger than himself, except thespouse of the adopting person, by an agreement of adoption approved by a decreeof adoption of the district court in the county in which either the personadopting or the person adopted resides.

2. The agreement of adoption shall be in writing andshall be executed by the person adopting and the person to be adopted, andshall set forth that the parties agree to assume toward each other the legalrelation of parent and child, and to have all of the rights and be subject to allof the duties and responsibilities of that relation.

(Added to NRS by 1959, 606)

NRS 127.200 Adoptionof adults: Consent required.

1. A married person not lawfully separated from hisspouse may not adopt an adult person without the consent of the spouse of theadopting person, if such spouse is capable of giving such consent.

2. A married person not lawfully separated from hisspouse may not be adopted without the consent of the spouse of the person to beadopted, if such spouse is capable of giving such consent.

3. Neither the consent of the natural parent orparents of the person to be adopted, nor of the Division, nor of any otherperson is required.

(Added to NRS by 1959, 606; A 1963, 891; 1967, 1148;1973, 1406; 1993, 2684)

NRS 127.210 Petitionfor approval of agreement of adoption; notice, investigation and hearing;decree of adoption.

1. The adopting person and the person to be adoptedmay file in the district court in the county in which either resides a petitionpraying for approval of the agreement of adoption by the issuance of a decreeof adoption.

2. The court shall fix a time and place for hearing onthe petition, and both the person adopting and the person to be adopted shallappear at the hearing in person, but if such appearance is impossible orimpractical, appearance may be made for either or both of such persons bycounsel empowered in writing to make such appearance.

3. The court may require notice of the time and placeof the hearing to be served on other interested persons, and any suchinterested person may appear and object to the proposed adoption.

4. No investigation or report to the court by anypublic officer is required, but the court may require the Division toinvestigate the circumstances and report thereon, with recommendations, to thecourt 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 satisfiedthat the adoption will be for the best interests of the parties and in thepublic interest, and that there is no reason why the petition should not begranted, the court shall approve the agreement of adoption, and enter a decreeof adoption declaring that the person adopted is the child of the personadopting him. Otherwise, the court shall withhold approval of the agreement anddeny 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 127.220to 127.310, inclusive, unless thecontext otherwise requires:

1. Agency which provides child welfare services hasthe meaning ascribed to it in NRS 432B.030.

2. Arrange the placement of a child means to makepreparations for or bring about any agreement or understanding concerning theadoption of a child.

3. Child-placing agency means a nonprofitcorporation organized pursuant to chapter 82of NRS, and licensed by the Division to place children for adoption orpermanent free care.

4. Person includes a hospital.

5. Recommend the placement of a child means tosuggest to a child-placing agency that a prospective adoptive parent be allowedto 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 Standardsfor and regulation of child-placing agencies; regulation of agencies whichprovide child welfare services; regulation of adoption or placement ofchildren.

1. The Division shall:

(a) Establish reasonable minimum standards for child-placingagencies.

(b) In consultation with each agency which provideschild welfare services, adopt:

(1) Regulations concerning the operation of anagency which provides child welfare services and child-placing agencies.

(2) Regulations establishing the procedure to beused by an agency which provides child welfare services and a child-placingagency in placing children for adoption, which must allow the natural parent orparents and the prospective adoptive parent or parents to determine, by mutualconsent, the amount of identifying information that will be communicatedconcerning each of them.

(3) Any other regulations necessary to carry outits powers and duties regarding the adoption of children or the placement ofchildren for adoption or permanent free care, including, without limitation,such regulations necessary to ensure compliance with the provisions of thischapter and any regulations adopted pursuant thereto.

2. Each agency which provides child welfare servicesand child-placing agency shall conform to the standards established and theregulations 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, noperson may place, arrange the placement of, or assist in placing or inarranging the placement of, any child for adoption or permanent free carewithout securing and having in full force a license to operate a child-placingagency 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 guardianfrom placing, arranging the placement of, or assisting in placing or inarranging the placement of, any child for adoption or permanent free care ifthe placement is made pursuant to the provisions of NRS 127.280, 127.2805 and 127.2815.

3. This section does not prohibit an agency whichprovides child welfare services from placing, arranging the placement of, orassisting in placing or in arranging the placement of, any child for adoptionor permanent free care.

4. This section does not prohibit a person, includinga person acting in his professional capacity, from sharing informationregarding 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 thatis 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 achild-placing agency must be in a form prescribed by the Division. The licensemust state to whom it is issued and the fact that it is effective for 1 yearfrom the date of its issuance.

2. The issuance by the Division of a license tooperate a child-placing agency must be based upon reasonable and satisfactoryassurance to the Division that the applicant for such license will conform tothe standards established and the regulations adopted by the Division asprovided in NRS 127.230.

3. When the Division is satisfied that a licensee isconforming to such standards and regulations, it shall renew his license, andthe 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 findsthat the applicant does not meet the standards established and the rulesprescribed by the Division for child-placing agencies.

(b) Refuse to renew a license or may revoke a licenseif the Division finds that the child-placing agency has refused or failed tomeet any of the established standards or has violated any of the rulesprescribed by the Division for child-placing agencies.

2. A notice of the time and place of the hearing mustbe mailed to the last known address of the applicant or licensee at least 15days before the date fixed for the hearing.

3. When an order of the Division is appealed to thedistrict 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 Feesfor 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 NRS432.014; and

(b) In a county whose population is 100,000 or more,the board of county commissioners of the county shall, by ordinance,

charge reasonablefees for the services provided by an agency which provides child welfareservices in placing, arranging the placement of or assisting in placing orarranging the placement of any child for adoption, and for conducting anyinvestigation required by NRS 127.2805.

2. The fees charged for those services must vary basedon criteria developed by the Division and board of county commissioners butmust not exceed the usual and customary fees that child-placing agencies in thearea where the services are provided, or in a similar geographic area, wouldcharge for those services. The Division and board of county commissioners shallnot discriminate between adoptions made through an agency and specificadoptions in setting their fees.

3. A fee must not be charged for services related tothe adoption of a child with special needs.

4. An agency which provides child welfare services maywaive or reduce any fee charged pursuant to this section if the agency whichprovides child welfare services determines that the adoptive parents are notable to pay the fee or the needs of the child require a waiver or reduction ofthe fee.

5. Any money collected by an agency which provideschild welfare services in a county whose population is less than 100,000pursuant to this section must be accounted for in the appropriate account ofthe Division and may be used only to pay for the costs of any adoptive orpostadoptive services provided by any agency which provides child welfareservices in a county whose population is less than 100,000.

6. Any money collected by an agency which provideschild welfare services in a county whose population is 100,000 or more pursuantto this section must be deposited in the county treasury for the credit of theagency which provides child welfare services and may be used only to pay forthe costs of any adoption or postadoptive services provided by the agency whichprovides child welfare services.

(Added to NRS by 1993, 2678; A 1993, 2726; 1999, 149; 2001 Special Session, 9;2005, 22ndSpecial Session, 48)

NRS 127.280 Requirementsfor 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 ofprospective adoptive parents for the 30-day residence in that home which isrequired before the filing of a petition for adoption, except where a child andone of the prospective adoptive parents are related within the third degree ofconsanguinity, unless:

(a) The agency which provides child welfare services ora child-placing agency first receives written notice of the proposed placementfrom:

(1) The prospective adoptive parents of thechild;

(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 naturalparent placing the child for adoption has had an opportunity to review thereport on the investigation of the home, if possible.

2. Upon receipt of written notice from any personother than the natural parent, the agency which provides child welfare servicesor child-placing agency shall communicate with the natural parent to confirmhis intention to place the child for adoption with the prospective adoptiveparents 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 Investigationof prospective adoptive parents.

1. The agency which provides child welfare services ora child-placing agency shall, within 60 days after receipt of confirmation ofthe natural parents intent to place the child for adoption and a completedapplication for adoption from the prospective adoptive parents, complete aninvestigation of the medical, mental, financial and moral backgrounds of theprospective adoptive parents to determine the suitability of the home forplacement of the child for adoption. The investigation must also embrace anyother relevant factor relating to the qualifications of the prospectiveadoptive parents and may be a substitute for the investigation required to beconducted by the agency which provides child welfare services on behalf of thecourt when a petition for adoption is pending, if the petition for adoption isfiled within 6 months after the completion of the investigation required bythis subsection. If a child-placing agency undertakes the investigation, itshall provide progress reports to the agency which provides child welfareservices in such a format and at such times as the agency which provides childwelfare services requires to ensure that the investigation will be completedwithin the 60-day period. If, at any time, the agency which provides childwelfare services determines that it is unlikely that the investigation will becompleted in a timely manner, the agency which provides child welfare servicesshall take over the investigation and complete it within the 60-day period oras soon thereafter as practicable.

2. If the placement is to be made in a home outside ofthis state, the agency which provides child welfare services or child-placingagency must receive a copy of a report, completed by the appropriate authority,of an investigation of the home and the medical, mental, financial and moralbackgrounds of the prospective adoptive parents to determine the suitability ofthe home for placement of the child for adoption, unless the child and one ofthe prospective adoptive parents are related within the third degree ofconsanguinity.

(Added to NRS by 1993, 68; A 1993, 2732; 2001 Special Session,10)

NRS 127.281 Searchfor criminal record of prospective adoptive parent.

1. A prospective adoptive parent who is subject to aninvestigation by the agency which provides child welfare services or achild-placing agency must submit as part of the investigation a complete set ofhis fingerprints and written permission authorizing the agency which provideschild welfare services or child-placing agency to forward those fingerprints tothe Central Repository for Nevada Records of Criminal History for submission tothe Federal Bureau of Investigation.

2. The agency which provides child welfare services orchild-placing agency may exchange with the Central Repository or the FederalBureau of Investigation any information respecting the fingerprints submitted.

3. When a report from the Federal Bureau ofInvestigation is received by the Central Repository, it shall immediatelyforward a copy of the report to the agency which provides child welfareservices or child-placing agency that submitted the fingerprints.

4. Any fees for fingerprinting and submission to theCentral Repository and the Federal Bureau of Investigation must be paid by theprospective 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 bythe 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 ofthose 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 Placementof child during investigation; notice and placement of child upon completion ofinvestigation.

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 whichprovides child welfare services or child-placing agency and placed by theagency which provides child welfare services or child-placing agency in afoster home licensed pursuant to NRS 424.030,

until adetermination is made concerning the suitability of the prospective adoptiveparents.

2. Upon completion of the investigation, the agencywhich provides child welfare services or child-placing agency shall forthwithinform the natural parent, the person recommending the placement and theprospective 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 consentto a specific adoption pursuant to NRS127.053, if not previously executed, and then the child may be placed inthe home of the prospective adoptive parents for the purposes of adoption.

(b) Unsuitable or detrimental to the interest of thechild, the agency which provides child welfare services or child-placing agencyshall file an application in the district court for an order prohibiting theplacement. If the court determines that the placement should be prohibited, thecourt may nullify the written consent to the specific adoption and order thereturn of the child to the care and control of the parent who executed theconsent, but if the parental rights of the parent have been terminated by arelinquishment or a final order of a court of competent jurisdiction or if theparent does not wish to accept the child, then the court may order theplacement of the child with the agency which provides child welfare services ora child-placing agency for adoption.

(Added to NRS by 1993, 69; A 1993, 2732; 2001 Special Session,11; 2003, 236)

NRS 127.2817 Criteriafor determination of suitability of prospective adoptive home; opportunity forprospective adoptive parents to review and respond to unfavorableinvestigation.

1. The Division, in consultation with each agencywhich provides child welfare services, shall adopt regulations setting forththe criteria to be used by an agency which provides child welfare services or achild-placing agency for determining whether a prospective adoptive home issuitable or unsuitable for the placement of a child for adoption.

2. Upon the completion of an investigation conductedby an agency which provides child welfare services or a child-placing agencypursuant to NRS 127.120 or 127.2805, the agency which provides childwelfare services or child-placing agency shall inform the prospective adoptiveparent or parents of the results of the investigation. If, pursuant to theinvestigation, a determination is made that a prospective adoptive home isunsuitable for placement or detrimental to the interest of the child, theagency which provides child welfare services or child-placing agency shall providethe prospective adoptive parent or parents with an opportunity to review andrespond to the investigation with the agency which provides child welfareservices or child-placing agency before the issuance of the results of theinvestigation. The identity of those persons who are interviewed or submitinformation concerning the investigation must remain confidential.

(Added to NRS by 1993, 238; A 1993, 2731; 2001, 1112; 2001 Special Session,12)

NRS 127.282 Petitionfor 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 welfareservices believes that anyone has violated or is about to violate any of theprovisions of this chapter, in addition to any other penalty or remedyprovided:

(a) The agency which provides child welfare servicesmay petition the appropriate district court for an order to restrain and enjointhe 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 aboutto be placed in a prospective adoptive home in violation of the provisions ofthis chapter:

(1) Prohibit the placement if the child wasabout to be so placed, or order the removal of the child if the child was soplaced within 6 months before the filing of the petition by the agency whichprovides child welfare services and proceed pursuant to paragraph (b) ofsubsection 2 of NRS 127.2815; or

(2) Proceed pursuant to paragraph (b) ofsubsection 2 of NRS 127.2815 in allother cases if the court determines that it is in the best interest of thechild that the child should be removed.

2. Whenever the agency which provides child welfareservices believes that a person has received for the purposes of adoption orpermanent free care a child not related by blood, and the required writtennotice has not been given, if the agency which provides child welfare servicesdoes not proceed pursuant to subsection 1, it shall make an investigation. Uponcompletion of the investigation, if the home is found suitable for the child,the prospective adoptive parents must be allowed 6 months from the date ofcompletion of the investigation to file a petition for adoption. If a petitionfor adoption is not filed within that time a license as a foster home mustthereafter be issued pursuant to NRS 424.030if the home meets established standards. If, in the opinion of the agency whichprovides child welfare services, the placement is detrimental to the interestof the child, the agency which provides child welfare services shall file anapplication with the district court for an order for the removal of the childfrom the home. If the court determines that the child should be removed, thecourt 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-placingagency required to give preference to placement of child with his siblings. A child-placing agency shall, to the extent practicable,give preference to the placement of a child for adoption or permanent free caretogether with his siblings.

(Added to NRS by 1999, 2026)

NRS 127.283 Publicationor broadcast of information concerning child.

1. An agency which provides child welfare services orany child-placing agency may publish in any newspaper published in this stateor broadcast by television a photograph of and relevant personal informationconcerning any child who is difficult to place for adoption.

2. A child-placing agency shall not publish orbroadcast:

(a) Any personal information which reveals the identityof the child or his parents; or

(b) A photograph or personal information for a childwithout 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 Limitationon participation of attorneys in adoption proceedings; reporting of violationto bar association; criminal penalty.

1. Any attorney licensed to practice in this state orin any other state:

(a) May not receive compensation for:

(1) Taking part in finding children foradoption; or

(2) Finding parents to adopt children.

(b) May receive a reasonable compensation for legalservices provided in relation to adoption proceedings.

2. An agency which provides child welfare servicesshall report any violation of subsection 1 to the State Bar of Nevada if thealleged violator is licensed to practice in this state, or to the barassociation of the state in which the alleged violator is licensed to practice.

3. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.

(Added to NRS by 1965, 1336; A 1993, 459, 2738; 2001 Special Session,13)

NRS 127.287 Paymentto or acceptance by natural parent of compensation in return for placement foror consent to adoption of child.

1. Except as otherwise provided in subsection 3, it isunlawful for any person to pay or offer to pay money or anything of value tothe natural parent of a child in return for the natural parents placement ofthe child for adoption or consent to or cooperation in the adoption of thechild.

2. It is unlawful for any person to receive paymentfor medical and other necessary expenses related to the birth of a child from aprospective adoptive parent with the intent of not consenting to or completingthe adoption of the child.

3. A person may pay the medical and other necessaryliving expenses related to the birth of a child of another as an act of charityso long as the payment is not contingent upon the natural parents placement ofthe child for adoption or consent to or cooperation in the adoption of thechild.

4. This section does not prohibit a natural parentfrom refusing to place a child for adoption after its birth.

5. The provisions of this section do not apply if awoman enters into a lawful contract to act as a surrogate, be inseminated andgive birth to the child of a man who is not her husband.

(Added to NRS by 1987, 2049)

NRS 127.288 Penaltyfor unlawful payment to or acceptance by natural parent of compensation. A person who violates the provisions of:

1. Subsection 1 of NRS127.287 is guilty of a category D felony and shall be punished as providedin NRS 193.130.

2. Subsection 2 of NRS127.287 is guilty of a gross misdemeanor.

(Added to NRS by 1987, 2049; A 1995, 1244)

NRS 127.290 Acceptanceof 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 infull force a license to operate a child-placing agency may request or accept,directly or indirectly, any compensation or thing of value for placing, arrangingthe placement of, or assisting in placing or arranging the placement of, anychild for adoption or permanent free care.

2. A licensed child-placing agency may accept fees foroperational expenses.

(Added to NRS by 1963, 1299; A 1965, 1336; 1979, 239;1987, 621; 1993, 2689)

NRS 127.300 Penaltyfor receipt of compensation by unlicensed person for placing or arrangingplacement of child.

1. Except as otherwise provided in NRS 127.275, 127.285, 200.463,200.464 and 200.465, a person who, without holding avalid license to operate a child-placing agency issued by the Division,requests or receives, directly or indirectly, any compensation or thing ofvalue for placing, arranging the placement of, or assisting in placing orarranging the placement of any child for adoption or permanent free care isguilty of a category D felony and shall be punished as provided in NRS 193.130.

2. The natural parents and the adopting parents arenot 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)

NRS 127.310 Unlawfulplacement or advertising; penalty.

1. Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization otherthan an agency which provides child welfare services who, without holding avalid unrevoked license to place children for adoption issued by the Division:

(a) Places, arranges the placement of, or assists inplacing or in arranging the placement of, any child for adoption or permanentfree care; or

(b) Advertises in any periodical or newspaper, or byradio or other public medium, that he will place children for adoption, oraccept, supply, provide or obtain children for adoption, or causes anyadvertisement to be published in or by any public medium soliciting, requestingor asking for any child or children for adoption,

is guilty ofa misdemeanor.

2. Any person who places, accepts placement of, oraids, 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 otherpublic medium is not subject to any criminal penalty or civil liability forpublishing or broadcasting an advertisement that violates the provisions ofthis section.

(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)

INTERSTATE COMPACT ON PLACEMENT OF CHILDREN

NRS 127.320 Enactment. The Interstate Compact on the Placement of Children, setforth in NRS 127.330, is hereby enactedinto law and entered into with all other jurisdictions substantially joiningtherein.

(Added to NRS by 1985, 602)

NRS 127.330 Textof compact. The Interstate Compact on thePlacement of Children is as follows:

 

INTERSTATE COMPACT ONTHE PLACEMENT OF CHILDREN

 

ARTICLE I. Purpose andPolicy

 

It is the purpose and policy of the party states tocooperate with each other in the interstate placement of children to the endthat:

(a) Each child requiring placement receives the maximumopportunity to be placed in a suitable environment and with persons orinstitutions having appropriate qualifications and facilities to provide anecessary and desirable degree and type of care.

(b) The appropriate authorities in a state where achild is to be placed may have full opportunity to ascertain the circumstancesof the proposed placement, thereby promoting full compliance with applicablerequirements for the protection of the child.

(c) The proper authorities of the state from which theplacement is made may obtain the most complete information on the basis ofwhich to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for thecare 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 achild in a family free or boarding home or in a child-caring agency orinstitution but does not include any institution caring for the mentally ill,mentally defective or epileptic or any institution primarily educational incharacter, and any hospital or other medical facility.

(c) Receiving state means the state to which a childis sent, brought, or caused to be sent or brought, whether by publicauthorities or private persons or agencies, and whether for placement withstate or local public authorities or for placement with private agencies orpersons.

(d) Sending agency means a party state, officer oremployee thereof; a subdivision of a party state, or officer or employeethereof; a court of a party state; a person, corporation, association,charitable agency or other entity which sends, brings or causes to be sent orbrought any child to another party state.

 

ARTICLE III.Conditions for Placement

 

(a) A sending agency shall not send, bring or cause tobe sent or brought into any other party state any child for placement in fostercare or as a preliminary to a possible adoption unless the sending agencycomplies with each and every requirement set forth in this article and with theapplicable laws of the receiving state governing the placement of childrentherein.

(b) Prior to sending, bringing or causing any child tobe sent or brought into a receiving state for placement in foster care or as apreliminary to a possible adoption, the sending agency shall furnish theappropriate public authorities in the receiving state written notice of theintention to send, bring or place the child in the receiving state. The noticemust contain:

(1) The name, date and place of birth of thechild.

(2) The identity and address or addresses of theparents or legal guardian.

(3) The name and address of the person, agencyor institution to or with which the sending agency proposes to send, bring orplace the child.

(4) A full statement of the reasons for theproposed action and evidence of the authority pursuant to which the placementis proposed to be made.

(c) Any public officer or agency in a receiving statewhich is in receipt of a notice pursuant to paragraph (b) of this article mayrequest of the sending agency, or any other appropriate officer or agency of orin the sending agencys state, and is entitled to receive therefrom, suchsupporting or additional information as it considers necessary under thecircumstances to carry out the purpose and policy of this compact.

(d) The child must not be sent, brought or caused to besent or brought into the receiving state until the appropriate publicauthorities in the receiving state notify the sending agency, in writing, tothe effect that the proposed placement does not appear to be contrary to theinterests of the child.

 

ARTICLE IV. Penaltyfor Illegal Placement

 

The sending, bringing or causing to be sent or broughtinto any receiving state of a child in violation of the terms of this compactis a violation of the laws respecting the placement of children of both thestate in which the sending agency is located or from which it sends or bringsthe child and of the receiving state. Such a violation may be punished orsubjected to penalty in either jurisdiction in accordance with its laws. Inaddition to liability for any such punishment or penalty, the violation constitutesfull and sufficient grounds for the suspension or revocation of any license, permitor other legal authorization held by the sending agency which empowers orallows it to place or care for children.

 

ARTICLE V. Retentionof Jurisdiction

 

(a) The sending agency retains such jurisdiction overthe child sufficient to determine all matters in relation to the custody,supervision, care, treatment and disposition of the child as it would have hadif the child had remained in the sending agencys state, until the child isadopted, reaches majority, becomes self-supporting or is discharged with theconcurrence of the appropriate authority in the receiving state. Thatjurisdiction also includes the power to effect or cause the return of the childor his transfer to another location and custody pursuant to law. The sendingagency continues to have financial responsibility for support and maintenanceof the child during the period of the placement. Nothing contained in thisarticle defeats a claim of jurisdiction by a receiving state sufficient to dealwith an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it mayenter into an agreement with an authorized public or private agency in thereceiving state to provide one or more services to the child as the agent forthe sending agency.

(c) Nothing in this compact prevents a privatecharitable agency authorized to place children in the receiving state fromperforming services or acting as the agent in that state for a privatecharitable agency of the sending state, or to prevent the agency in thereceiving state from discharging its financial responsibility for the supportand maintenance of a child who has been placed on behalf of the sending agencywithout relieving the responsibility set forth in paragraph (a).

 

ARTICLE VI. InstitutionalCare of Delinquent Children

 

A child adjudicated delinquent may be placed in aninstitution in another party jurisdiction pursuant to this compact but no suchplacement may be made unless the child is given a court hearing on notice tothe parent or guardian with opportunity to be heard, prior to his being sent tothe other party jurisdiction for institutional care and the court finds that:

(a) Equivalent facilities for the child are notavailable in the sending agencys jurisdiction; and

(b) Institutional care in the other jurisdiction is inthe best interest of the child and will not produce undue hardship.

 

ARTICLE VII. CompactAdministrator

 

The executive head of each jurisdiction party to thiscompact shall designate an officer to act as the administrator and generalcoordinator of activities under this compact in his jurisdiction and who,acting jointly with like officers of other party jurisdictions, may adoptregulations 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 receivingstate by his parent, stepparent, grandparent, adult brother or sister, adultuncle or aunt or his guardian and leaving the child with any such relative ornonagency guardian in the receiving state.

(b) Any placement, sending or bringing of a child intoa receiving state pursuant to any other interstate compact to which both thestate from which the child is sent or brought and the receiving state areparties, or to any other agreement between the states which has the force oflaw.

 

ARTICLE IX. Enactmentand Withdrawal

 

This compact is open to joinder by any state, territoryor possession of the United States, the District of Columbia, the Commonwealthof Puerto Rico, and, with the consent of Congress, the Government of Canada orany province thereof. It becomes effective with respect to any jurisdictionwhen the jurisdiction has enacted it into law. Withdrawal from this compactmust be by the enactment of a statute repealing it, but does not take effectuntil 2 years after the effective date of the statute and until written noticeof the withdrawal has been given by the withdrawing jurisdiction to theexecutive head of each other party jurisdiction. Withdrawal of a partyjurisdiction does not affect the rights, duties and obligations under thiscompact of any sending agency in that jurisdiction with respect to a placementmade prior to the effective date of withdrawal.

 

ARTICLE X. Constructionand Severability

 

The provisions of this compact must be liberallyconstrued to effectuate the purposes thereof. The provisions of this compactare severable and if any phrase, clause, sentence or provision of this compactis declared to be contrary to the constitution of any party state or of theUnited States or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compact andthe applicability thereof to any government, agency, person or circumstance arenot affected thereby. If this compact is held contrary to the constitution ofany state party thereto, the compact remains in full force and effect as to theremaining states and in full force and effect as to the state affected as toall severable matters.

(Added to NRS by 1985, 602)

NRS 127.340 Administratorof compact: Service at pleasure of Governor; cooperation with all departments,agencies and officers. The administrator ofthe compact shall serve at the pleasure of the Governor. The administratorshall cooperate with all departments, agencies and officers of and in thegovernment of this state and its subdivisions in facilitating the properadministration of the compact or of any supplementary agreement or agreementsentered into by this state under the compact.

(Added to NRS by 1985, 606)

NRS 127.350 Supplementaryagreements. The administrator of the compactshall enter into supplementary agreements with appropriate officials of otherstates pursuant to the compact. If a supplementary agreement requires or contemplatesthe use of any institution or facility of this state or the provision of anyservice by this state, the supplementary agreement has no force or effect untilapproved by the head of the department or agency under whose jurisdiction theinstitution or facility is operated or whose department or agency will becharged 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 herebyenacted into law and entered into with all other jurisdictions substantiallyjoining therein.

(Added to NRS by 1987, 303)

NRS 127.410 Textof compact. The Interstate Compact on Adoptionand Medical Assistance is as follows:

 

INTERSTATE COMPACT ONADOPTION

AND MEDICAL ASSISTANCE

 

ARTICLE I. FINDINGS

 

The states which are parties to this compact find that:

(a) In order to obtain adoptive families for childrenwith special needs, states must assure prospective adoptive parents ofsubstantial assistance (usually on a continuing basis) in meeting the highcosts of supporting and providing for the special needs and the servicesrequired by such children.

(b) The states have a fundamental interest in promotingadoption 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-childrelationship.

(c) The states obtain fiscal advantages from providingadoption assistance because the alternative is for the states to bear thehigher cost of meeting all the needs of children while in foster care.

(d) The necessary assurances of adoption assistance forchildren with special needs, in those instances where children and adoptiveparents live in states other than the one undertaking to provide the assistance,include the establishment and maintenance of suitable substantive guaranteesand workable procedures for interstate cooperation and payments to assist withthe necessary costs of child maintenance, the procurement of services, and theprovision of medical assistance.

 

ARTICLE II. PURPOSES

 

The purposes of this compact are to:

(a) Strengthen protections for the interests ofchildren with special needs on behalf of whom adoption assistance is committedto be paid, when such children are in or move to states other than the onecommitted to provide adoption assistance.

(b) Provide substantive assurances and operatingprocedures which will promote the delivery of medical and other services tochildren on an interstate basis through programs of adoption assistanceestablished by the laws of the states which are parties to this compact.

 

ARTICLE III.DEFINITIONS

 

As used in this compact, unless the context clearly requiresa different construction:

(a) Child with special needs means a minor who has notyet attained the age at which the state normally discontinues childrensservices, or a child who has not yet reached the age of 21 where the statedetermines that the childs mental or physical handicaps warrant thecontinuation of assistance beyond the age of majority, for whom the state hasdetermined the following:

(1) That the child cannot or should not bereturned to the home of his or her parents;

(2) That there exists with respect to the childa specific factor or condition (such as his ethnic background, age, ormembership in a minority or sibling group, or the presence of factors such asmedical condition or physical, mental, or emotional handicaps) because of whichit is reasonable to conclude that the child cannot be placed with adoptive parentswithout providing adoption assistance; or

(3) That, except where it would be against thebest interests of the child because of such factors as the existence ofsignificant emotional ties with prospective adoptive parents while in theircare as a foster child, a reasonable but unsuccessful effort has been made toplace the child with appropriate adoptive parents without providing adoptionassistance.

(b) Adoption assistance means the payment or paymentsfor the maintenance of a child which are made or committed to be made pursuantto the program of adoption assistance established by the laws of a party state.

(c) State means a state of the United States, theDistrict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,Guam, the Commonwealth of the Northern Mariana Islands, or a territory orpossession of the United States.

(d) Adoption assistance state means the state that issignatory to an agreement of adoption assistance in a particular case.

(e) Residence state means the state in which thechild is a resident by virtue of the residence of the adoptive parents.

(f) Parents means either the singular or plural ofthe word parent.

 

ARTICLE IV. ADOPTIONASSISTANCE

 

(a) Each state shall determine the amounts of adoptionassistance and other aid which it will give to children with special needs andtheir adoptive parents in accordance with its own laws and programs. Theadoption assistance and other aid may be made subject to periodic reevaluationof eligibility by the adoption assistance state in accordance with its laws.

(b) The adoption assistance, medical assistance, andother services and benefits to which this compact applies are those provided tochildren with special needs and their adoptive parents from the effective dateof the agreement for adoption assistance.

(c) Every case of adoption assistance must include awritten agreement for adoption assistance between the adoptive parents and theappropriate agency of the state undertaking to provide the adoption assistance.Every such agreement must contain provisions for the fixing of actual orpotential interstate aspects of the assistance so provided as follows:

(1) An express commitment that the assistance soprovided must be payable without regard for the state of residence of theadoptive parents, both at the outset of the agreement and at all times duringits continuance;

(2) A provision setting forth with particularitythe types of care and services toward which the adoption assistance state willmake payments;

(3) A commitment to make medical assistanceavailable to the child in accordance with Article V of this compact;

(4) An express declaration that the agreement isfor the benefit of the child, the adoptive parents and the state and that it isenforceable by any or all of them; and

(5) The date or dates upon which each payment orother benefit provided thereunder is to commence, but in no event prior to theeffective date of the agreement for adoption assistance.

(d) Any services or benefits provided for a child bythe residence state and the adoption assistance state may be facilitated by theparty states on each others behalf. To this end, the personnel of the childwelfare agencies of the party states will assist each other, as well as the beneficiariesof agreements for adoption assistance, in assuring prompt and full access toall benefits expressly included in such agreements. It is further recognizedand agreed that, in general, all children to whom agreements for adoptionassistance apply will be eligible for benefits under the child welfare,education, rehabilitation, mental health, and other programs of their state ofresidence on the same basis as other resident children.

(e) Payments for adoption assistance on behalf of achild in another state shall be made on the same basis and in the same amountsas they would be made if the child were living in the state making thepayments, except that the laws of the adoption assistance state may provide forthe payment of higher amounts.

 

ARTICLE V. MEDICALASSISTANCE

 

(a) Children for whom a party state is committed, inaccordance with the terms of an agreement of adoption assistance to providefederally aided medical assistance under Title XIX of the Social Security Act,are eligible for such medical assistance during the entire period for which theagreement is in effect. Upon application therefor, the adoptive parents of achild who is the subject of an agreement of adoption assistance must receive adocument of identification for medical assistance made out in the childs name.The identification must be issued by the program of medical assistance of theresidence state and must entitle the child to the same benefits, pursuant tothe same procedures, as any other child who is covered by the program ofmedical assistance in that state, whether or not the adoptive parents arethemselves eligible for medical assistance.

(b) The document of identification must bear noindication that an agreement of adoption assistance with another state is thebasis for its issuance. However, if the document of identification is issuedpursuant to an agreement for adoption assistance, the records of the issuingstate and the adoption assistance state must show the fact, and must contain acopy of the agreement for adoption assistance and any amendment or replacementthereof, as well as all other pertinent information. The adoption assistanceand programs of medical assistance of the adoption assistance state shall benotified of the issuance of such identification.

(c) A state which has issued a document ofidentification for medical assistance pursuant to this compact, whichidentification is valid and currently in force, shall accept, process and payclaims for medical assistance thereon as it would with other claims for medicalassistance by eligible residents.

(d) The federally aided medical assistance provided bya 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 anagreement of adoption assistance is living in another party state, payment orreimbursement for any medical services and benefits specified under the termsof the agreement of adoption assistance, which are not available to the childunder the Title XIX program of medical assistance of the residence state, mustbe made by the adoption assistance state as required by its law. Any paymentsso provided must be of the same kind and at the same rates as provided forchildren who are living in the adoption assistance state. However, where thepayment rate authorized for a covered service under the program of medical assistanceof the adoption assistance state exceeds the rate authorized by the residencestate for that service, the adoption assistance state shall not be required topay the additional amounts for the services or benefits covered by theresidence state.

(e) A child referred to in paragraph (a) of thisArticle, whose residence is changed from one party state to another party stateis eligible for federally aided medical assistance under the program of medicalassistance of the new state of residence.

 

ARTICLE VI. COMPACTADMINISTRATION

 

(a) In accordance with its own laws and procedures,each state which is a party to this compact shall designate an administrator ofthe compact and such deputy administrators of the compact as it deemsnecessary. The administrator of the compact shall coordinate all activitiesunder this compact within his state. The administrator of the compact shallalso be the principal contact for officials and agencies within and without thestate for the facilitation of interstate relations involving this compact andthe protection of benefits and services provided pursuant thereto. In this capacity,the administrator of the compact will be responsible for assisting thepersonnel of the child welfare agencies from other party states and adoptivefamilies receiving adoption and medical assistance on an interstate basis.

(b) Acting jointly, the administrators of the compactshall develop uniform forms and administrative procedures for the interstatemonitoring and delivery of adoption and medical assistance benefits andservices pursuant to this compact. The forms and procedures so developed maydeal with such matters as:

(1) Documentation of continuing eligibility foradoption assistance;

(2) Interstate payments and reimbursements; and

(3) Any and all other matters arising pursuantto this compact.

(c) (1) Some or all of the parties to this compact mayenter into supplementary agreements for the provision of or payment foradditional medical benefits and services, as provided in Article V(d); forinterstate service delivery, pursuant to Article IV(d); or for matters relatedthereto. Such agreements must not be inconsistent with this compact, nor maythey relieve the party states of any obligation to provide adoption and medicalassistance in accordance with applicable state and federal law and the terms ofthis compact.

(2) Administrative procedures or formsimplementing the supplementary agreements referred to in paragraph (c)(1) ofthis Article may be developed by joint action of the administrators of thecompact of those states which are party to such supplementary agreements.

(d) It shall be the responsibility of the administratorof the compact to ascertain whether and to what extent additional legislationmay be necessary in his or her own state to carry out the provisions of thisArticle or Article IV or any supplementary agreements pursuant to this compact.

 

ARTICLE VII. JOINDERAND 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 empoweredauthority has executed it.

(b) In order that the provisions of this compact may beaccessible to and known by the general public, and so that they may beimplemented as law in each of the party states, the authority which hasexecuted the compact in each party state shall cause the full text of thecompact and a notice of its execution to be published in his state. Theexecuting authority in any party state shall also provide copies of the compactupon request.

(c) Withdrawal from this compact must be by writtennotice, sent by the authority which executed it, to the appropriate officialsof all other party states, but no such notice may take effect until one yearafter it is given in accordance with the requirements of this paragraph.

(d) All agreements for adoption assistance outstandingand to which a party state is a signatory at the time when its withdrawal fromthis compact takes effect continue to have the effects given to them pursuantto this compact until they expire or are terminated in accordance with theirprovisions. Until such expiration or termination, all beneficiaries of the agreementsinvolved shall continue to have all rights and obligations conferred or imposedby this compact, and the withdrawing state shall continue to administer thecompact to the extent necessary to accord and implement fully the rights andprotections preserved hereby.

 

ARTICLE VIII.CONSTRUCTION AND SEVERABILITY

 

The provisions of this compact must be liberally construed toeffectuate the purposes thereof. The provisions of this compact must beseverable, and if any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the Constitution of the United States or of anyparty state, or where the applicability thereof to any government, agency,person, or circumstance is held invalid, the validity of the remainder of thiscompact and the applicability thereof to any government, agency, person orcircumstance must not be affected thereby. If this compact is held contrary tothe Constitution of any state party thereto, the compact may remain in fullforce and effect as to the remaining states and in full force and effect as tothe state affected as to all severable matters.

(Added to NRS by 1987, 303)

NRS 127.420 Administratorof compact: Service at pleasure of Governor; cooperation with all departments,agencies and officers. The administrator ofthe compact shall serve at the pleasure of the Governor. The administratorshall cooperate with all departments, agencies and officers of and in thegovernment of this state and its subdivisions in facilitating the properadministration of the compact or of any supplementary agreement or agreementsentered into by this state under the compact.

(Added to NRS by 1987, 309)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.