MINUTES OF THE ASSEMBLY COMMITTEE ON JUDICIARY Sixty-eighth Session March 21, 1995 The Committee on Judiciary was called to order at 8:18 a.m., on Tuesday, March 21, 1995, Chairman Humke presiding in Room 332 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Bernie Anderson, Chairman Mr. David E. Humke, Chairman Ms. Barbara E. Buckley, Vice Chairman Mr. Brian Sandoval, Vice Chairman Mr. Thomas Batten Mr. John C. Carpenter Mr. David Goldwater Mr. Mark Manendo Mrs. Jan Monaghan Ms. Genie Ohrenschall Mr. Richard Perkins Mr. Michael A. (Mike) Schneider Mrs. Dianne Steel Ms. Jeannine Stroth GUEST LEGISLATORS PRESENT: Assemblyman Vivian L. Freeman, District No. 24 STAFF MEMBERS PRESENT: Dennis Neilander, Research Analyst Patty Hicks, Committee Secretary OTHERS PRESENT: Mr. Orland T. Outland Mr. Chris C. Fortier OTHERS PRESENT: (Continued) Mr. John G. Breeding, President, Shuffle Master, Inc. P. Gregory Giordana, Esq., Lionel, Sawyer and Collins/Shuffle Master, Inc. Mrs. Diane Breeding, Shuffle Master, Inc. Mr. David Bennum Mrs. Leilani Bennum Ms. Perla DeCastro Ann Price McCarthy, Esq., Nevada Trial Lawyers Association Ms. Ande Engleman, Nevada Press Association Ms. Kathleen Shane, Washoe County Social Services Ms. Laurel Stadler, MADD Honorable Scott Jordan, Second Judicial District Court, Washoe County Ms. Barbara Pinkston Mr. Jerry P. Nims, CASA, Washoe City Chapter, Nevada State Psychologists Association Ms. Lucille K. Lusk, Nevada Concerned Citizens Deputy Attorney General Donald W. Winne, Jr. Barry Frank, M.D. William Torch, M.D. Deputy Attorney General Cyndy Pizel Ms. Julie Foley, VP Public Affairs, International Technical Systems Ms. Ellen Whittemore, Esq., Lionel, Sawyer and Collins/International Technical Systems Mr. John Sarb, Administrator, Nevada Department of Human Resources, Division of Child and Family Services Ms. Bobbie Gang, Nevada Chapter, National Association of Social Workers Ms. Diane Loper, Nevada Women's Lobby Ms. Shirley Perkins, Counselor, Washoe County School District Ms. Sheila Leslie, Action for Nevada's Children Mr. Robert Barengo, Leroy's Horse & Sports Place Mr. Steve Ghiglieri Ms. Debra Ballew Mr. William A. Bible, Chairman, Nevada Gaming Board Robert D. Faiss, Esq., Lionel, Sawyer and Collins Law Firm ASSEMBLY BILL NO, 177 - Revises provisions governing best interests of child in termination of parental rights. ASSEMBLY BILL NO. 302 - Makes best interests of child determining factor in cases concerning termination of parental rights. Assemblyman Vivian L. Freeman, District No. 24, sponsor, testified the vulnerability of deserted and abused children in Nevada are the focus of this legislation. She stated the bill was endorsed by family court judges and urged consideration of its merits. The Honorable Scott Jordan, Second Judicial District Court, Washoe County, was requested to give testimony, attached as (Exhibit C). Judge Jordan advised most cases involve parents with addiction problems making them incapable of providing proper parental care. He further advised A.B. 177 and A.B. 302 are the result of collaboration between individuals and agencies involved in working with children. Currently, if the parents fail to comply with a case plan for a six months period, termination of parental rights may be appropriate. Amendments proposed are if a child has been removed from the home for 18 consecutive months, presumption is made parents have not made efforts toward reunification. Therefore, termination of parental rights is in the best interests of the child. He also supported proposed amendments by Deputy Attorney General Donald W. Winne, Jr. Chairman Humke announced that both bills will be referred to a subcommittee for consideration. Deputy Attorney General Donald W. Winne, Jr., testified as counsel to Division of Child and Family Services and offered the proposed amendments to A.B. 177 attached as (Exhibit D). For the record, Assemblyman Vivian L. Freeman, District No. 24, sponsor, agreed with the proposed amendments. Mr. John H. Sarb, Administrator, Nevada Department of Human Resources, Division of Child and Family Services, testified in support of A.B. 177 attached as (Exhibit F). Approximately eight hundred children are in custody for 18 months. The state makes a lousy parent. Teenagers are less likely candidates for termination of parental rights and adoption proceedings. Adoptive parents are easily found even for terminally ill children. Normally adoptions are finalized in two to three years. In regard to mixed race adoptions, Mr. Sarb indicated 120 adoptions were finalized. Attempts are made to match the race of the child to the adoptive parents before different race adoptive parents are considered. Mr. Sarb stated there is no fiscal impact on this bill. Chairman Humke directed the subcommittee to research information on fiscal impact. This year Division of Child and Family Services received child support of approximately $1.4 million dollars on a budget to care for children that exceeds $21 million. Of the $1.4 million less than $400,000 is from parents. The remainder is from other benefits such as social security, etc. To achieve permanent reunification, a parent must show successful completion of addiction treatment, period of sobriety, parental education, stable residence, and proof of income. Cases in excess of sixty percent are successful in reunification. Deputy Attorney General Winne clarified the division makes recommendations to the court for final disposition of returning the child back to the family. Barry S. Frank, M.D., Director of Pediatric Intensive Care Unit, Washoe Medical Center, testified in support of A.B. 177. Yearly he has seen 150-200 deaths of children due to some form of abuse. He urged the judges be given the tools to make rational caring decisions. Dr. Frank read the following quote, "The death of a child is the single most traumatic event in medicine. To lose a child is to lose a piece of yourself." William Torch, M.D., Director of Neurodevelopmental and Neurodiagnostic Center and Muscular Dystrophy Clinic, testified in support of A.B. 177 and A.B. 302. Nevada needs to make a change. The best interests of children have been neglected through the years in the judicial system to help children. Deputy Attorney General Donald W. Winne, Jr., stated there is a certain time frame where there is little or no contact with a parent. A case plan was developed. The parents appeared once or twice at a hearing. If no cooperation is received from a parent after six months, parental rights may be terminated to allow for adoption. After 18 months the parents have been allowed enough time for reunification. If parents cannot accomplish reunification in 18 months, the parent has the burden of proving they complied with the court plan in order to be reunited with the child. The best interest of the child has to be shown. Mr. Jerry P. Nims, Ph.D., CASA, Washoe City Chapter, Nevada State Psychologists Association, testified in support of A.B. 177. The CASA organization desperately wants to see the intent of the bill advanced as hundreds of children are dealt with very unfairly. For years children's lives have been impacted and he implored this body to remedy the situation. Mr. Orland T. Outland, child abuse victim of Reno, Nevada, testified in support of A.B. 177 and his testimony was distributed as (Exhibit G). He quoted a saying, "rank has its privilege and rank also has its responsibilities." Mr. Chris Fortier, UNR student, testified stricter measures need to be enacted in severe cases. His testimony is attached as (Exhibit H). Mr. and Mrs. David Bennum, grandparents, testified regarding a custody suit involving their grandson due to the incarceration of their daughter and addiction problems. Mrs. Lelanie Bennum passed around photographs of the child to the committee. Mr. Bennum read Dr. Nims, psychologist report and Dr. Earl Neilsen's evaluation. The court found the child should remain in the custody of the grandparents with visitation rights to the mother. The rights and best interests of the child may become the deciding factor. Instead the Nevada Supreme Court overturned the district court ruling. The presumption of the parent being unfit has to be found. They filed for stay of execution of the order. Chairman Humke informed the grandparents Assemblyman Freeman has a bill draft which affects this area of the statute. Ms. Ann Price McCarthy, Esq., of Nevada Trial Lawyers Association, testified in support of A.B. 177 and A.B. 302 and offered her services to the subcommittee in drafting amendments. The best interest of the child should be considered in taking care of the children of this state. Ms. Kathleen Shane, Director Children's Services Division, testified in support of A.B. 177 and amendments. Her testimony is attached as (Exhibit I). Similarly, she offered her services to work with the subcommittee. Ms. Laurel Stadler of MADD testified in support of A.B. 177 and handed out a brochure attached as (Exhibit J). She proposed amending Section 3 to add "conviction of a DUI offense." Ms. Barbara Pinkston, stalking victim, recently moved from Las Vegas to Reno, testified in support of A.B. 177, as the judge in her particular case did not grant termination of parental rights. In this process the best interest of her daughter is being lost. She was at a loss for help. Assemblyman Freeman was thanked for drafting this bill. Ms. Lucille K. Lusk, Nevada Concerned Citizens, testified in support of A.B. 177 and proposed amendment to p. 3 to change six months to a "presumption" rather than evidence. She would be pleased to work with the subcommittee. ASSEMBLY BILL NO. 133 - Makes various changes to provisions governing regulation of gaming. Mr. William A. Bible, Chairman, Nevada Gaming Control Board, testified in support of A.B. 133. Proposed amendments are attached as (Exhibit K). Mr. Bible advised the Gaming Control Board reviews every work permit. In most instances the local entities issue work permits for revenue. The state has the ability to object. There is an appellate mechanism. It is common in northern Nevada for people working in more than two jurisdictions to be required to purchase multiple cards. Southern Nevada eliminates double carding by using an updated postal card. Robert D. Faiss, Esq., of Lionel, Sawyer & Collins Law Firm, counsel to Nevada Resort Association with President Richard Bunker, testified in support of A.B. 131 and A.B. 133. They thanked Chairman Bible for his cooperative approach. Ms. Ande Engleman, Nevada State Press Association, Inc., testified in support of A.B. 133. Mr. Bible was commended for his work and the amendments are supported. ASSEMBLY BILL NO. 131 - Provides for regulation of inter-casino linked systems related to gaming. Mr. William A. Bible, Chairman, Nevada Gaming Control Board, testified in support of A.B. 131 and looks forward to working with the subcommittee. As the technology in the gaming industry advances, this legislation is needed. It is patterned after operations currently being done by slot operators, such as Megabucks. Networking of table games with progressive features, i.e., sports and race books, creates a new classification of the licensee known as an operator of an inter-link system. It would not run afoul of the lottery statute. Robert D. Faiss, Esq., of Lionel, Sawyer & Collins Law Firm, counsel to Nevada Resort Association, testified in support of A.B. 131. Ms. Ellen Whittemore, Esq., of Lionel, Sawyer & Collins Law Firm, testified in support of A.B. 131 and new state-of-the-art keno technology through graphics and monitors. She looked forward to working with the subcommittee. Ms. Julie A. Foley, Vice President, Public Affairs, International Technical Systems, Inc., testified in support of A.B. 131. She indicated a desire to revive interest in a new keno game and offered to confer with the subcommittee. P. Gregory Giordana, Esq., Lionel, Sawyer and Collins/Shuffle Master, Inc., testified in support of A.B. 131 and agreed to work in cooperation with the subcommittee. His testimony is attached as (Exhibit L). Chairman Bible and Nevada Resort Association are commended for their support. A proposed amendments to A.B. 131 for "Let It Ride Tournament" is attached as (Exhibit M). The state is estimated to receive $4 million dollars per year in gaming tax revenues from this game alone. Mr. John G. Breeding, President, Shuffle Master, Inc., advised it is an electronic game and description of how to play is attached as (Exhibit N). Chairman Humke advised proposed amendments of A.B. 185, A.B. 125, A.B. 151, A.B. 94, A.B. 92, A.B. 106, A.B. 110, A.B. 87, and S.B. 61 were distributed for review and inquiries should be directed to Mr. Neilander, research staff, or the Co- Chairmen. Chairman Humke appointed a subcommittee on A.B. 177, A.B. 302, A.B. 131, and A.B. 133 composed of Mr. Humke, Mr. Anderson, Ms. Buckley and Mr. Sandoval. There being no further business, the meeting was adjourned at 11:06 a.m. RESPECTFULLY SUBMITTED: Patty Hicks, Committee Secretary APPROVED BY: Assemblyman Bernie Anderson, Chairman Assemblyman David E. Humke, Chairman Assembly Committee on Judiciary March 21, 1995 Page