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requesting in writing that it be withdrawn.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