2022 Nevada Revised Statutes
Chapter 432B - Protection of Children From Abuse and Neglect
NRS 432B.594 - Retention of court’s jurisdiction over child; termination of such jurisdiction; written agreement between agency which provides child welfare services and child; resolution of dispute between agency and child; rights of child to services and payments while under jurisdiction of court. [Effective through December 31, 2023.] Participation in Program: Eligibility; termination of participation; written agreement between agency which provides child welfare services and young adult; resolution of dispute between agency and young adult; rights of young adult to services and payments while participating in Program. [Effective January 1, 2024.]
1. A court which orders a child to be placed other than with a parent and which has jurisdiction over the child when the child reaches the age of 18 years shall retain jurisdiction over the child if the child so requests.
2. Except as otherwise provided in this section, jurisdiction over a child that is retained pursuant to subsection 1 continues until:
(a) The agency which provides child welfare services, the child and the attorney of the child agree to terminate the jurisdiction;
(b) The court determines that:
(1) The child has achieved the goals set forth in the plan developed pursuant to NRS 432B.595;
(2) The child is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or
(3) The circumstances of the child have changed in such a manner that it is infeasible for the child to achieve the goals set forth in the plan developed pursuant to NRS 432B.595;
(c) The child requests that jurisdiction be terminated; or
(d) The child reaches the age of 21 years,
whichever occurs first.
3. If the court that retains jurisdiction over a child pursuant to this section transfers jurisdiction to another court in this State, the court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.
4. A child who requests that the court retain jurisdiction over the child pursuant to this section must, upon reaching the age of 18 years, enter into a written agreement with the agency which provides child welfare services. The agreement, which must be filed with the court, must include, without limitation, the following provisions, which must specify that:
(a) The child voluntarily requested that the court retain jurisdiction over the child;
(b) While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments directly or to have such payments provided to another entity as designated in the plan developed pursuant to NRS 432B.595 in an amount not to exceed the rate of payment for foster care;
(c) While under the jurisdiction of the court, the child will no longer be under the legal custody of the agency which provides child welfare services, and the proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;
(d) The child may, at any time, request that jurisdiction over the child be terminated; and
(e) If there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.
5. If an issue arises concerning a child who remains under the jurisdiction of the court, the child, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the child and the agency which provides child welfare services must attempt to resolve the issue.
6. If the agency which provides child welfare services wishes to have the court terminate jurisdiction over the child, the agency which provides child welfare services must send a notice to the child and the attorney of the child informing the child and the attorney of the child that the child has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the child or the attorney of the child may request a hearing before the court pursuant to subsection 5. If the child and the attorney of the child agree to have jurisdiction terminated or do not request an informal administrative review, the jurisdiction of the court must terminate upon notice to the court by the agency which provides child welfare services.
7. A child, while under the jurisdiction of the court pursuant to this section, is entitled to continue to receive services and monetary payments from the agency which provides child welfare services directly or to have such payments provided to another person or entity as designated in the plan developed pursuant to NRS 432B.595 in an amount not to exceed the rate of payment for foster care.
8. The court may issue any order which it deems appropriate or necessary to ensure:
(a) That the agency which provides child welfare services provides the services and monetary payments which the child is entitled to receive; and
(b) That the child who remains under the jurisdiction of the court is working towards achieving the goals of the plan developed pursuant to NRS 432B.595.
(Added to NRS by 2011, 250)
1. To be eligible to participate in the Program, a young adult must:
(a) Enter into a written agreement with the agency that provides child welfare services that satisfies the requirements prescribed in subsection 3;
(b) Be:
(1) Enrolled in a program of secondary education or an educational program leading to a general educational development certificate or an equivalent document;
(2) Enrolled in a program of postsecondary or vocational education;
(3) Enrolled or participating in a program or activity designed to promote employment or remove obstacles to employment;
(4) Employed at least 80 hours per month; or
(5) Incapable of satisfying any of the requirements prescribed in paragraphs (1) to (4), inclusive, due to a documented medical or cognitive condition; and
(c) Make a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595.
2. Except as otherwise provided in this section, a young adult may continue to participate in the Program until:
(a) The agency which provides child welfare services, the young adult and the attorney of the young adult agree to terminate participation in the Program;
(b) The court determines that:
(1) The young adult has achieved the goals set forth in the plan developed pursuant to NRS 432B.595;
(2) The young adult is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or
(3) The circumstances of the young adult have changed in such a manner that it is infeasible for the young adult to achieve the goals set forth in the plan developed pursuant to NRS 432B.595;
(c) The young adult requests that participation in the Program be terminated; or
(d) The young adult reaches the age of 21 years,
whichever occurs first.
3. The written agreement to participate in the Program required by subsection 1 must be filed with the court and must include, without limitation, provisions which specify that:
(a) The young adult voluntarily requested to participate in the Program;
(b) While participating in the Program, the young adult is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not exceed the rate of payment for foster care;
(c) While participating in the Program, the young adult will no longer be under the legal custody of the agency which provides child welfare services, and any proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;
(d) The young adult may, at any time, request that his or her participation in the Program be terminated; and
(e) If there is an issue concerning the participant, the participant and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.
4. If an issue arises concerning a participant, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the participant and the agency which provides child welfare services must attempt to resolve the issue.
5. If the agency which provides child welfare services wishes to terminate the participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the participant and his or her attorney that the participant has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the participant or the attorney of the participant may request a hearing before the court pursuant to subsection 4. If the young adult and the attorney of the young adult agree to terminate participation or do not request an informal administrative review, participation in the Program must terminate upon notice to the court by the agency which provides child welfare services.
6. A participant is entitled to continue to receive services and monetary payments from the agency which provides child welfare services in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not exceed the rate of payment for foster care.
7. The court may issue any order which it deems appropriate or necessary to ensure:
(a) That the agency which provides child welfare services provides the services and monetary payments which the participant is entitled to receive as prescribed by the plan developed pursuant to NRS 432B.595; and
(b) That the participant is working towards achieving the goals of the plan developed pursuant to NRS 432B.595.
(Added to NRS by 2011, 250; A 2021, 2731, effective January 1, 2024)
