Assembly Bill No. 132–Committee on Judiciary
CHAPTER..........
AN ACT relating to the protection of children; providing that in certain judicial districts proceedings concerning the abuse or neglect of children are presumptively open to the public and that in certain judicial districts such proceedings are presumptively closed to the public; requiring the Court Administrator to prepare reports concerning the child welfare system; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.430 is hereby amended to read as
follows:
432B.430 1. Except as otherwise provided in subsections 3
and 4 and NRS 432B.457, in each judicial district that includes a
county whose population is 400,000 or more:
(a) Any proceeding held pursuant to NRS 432B.410 to
432B.590, inclusive, other than a hearing held pursuant to
subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held
pursuant to subsection 5 of NRS 432B.530 when the court
proceeds immediately, must be open to the general public unless
the judge or master, upon his own motion or upon the motion of
another person, determines that all or part of the proceeding must
be closed to the general public because such closure is in the best
interests of the child who is the subject of the proceeding. In
determining whether closing all or part of the proceeding is in the
best interests of the child who is the subject of the proceeding, the
judge or master must consider and give due weight to the desires
of that child.
(b) If the judge or master determines pursuant to paragraph
(a) that all or part of a proceeding must be closed to the general
public:
(1) The judge or master must make specific findings of fact
to support such a determination; and
(2) The general public must be excluded and only those
persons having a direct interest in the case, as determined by the
judge or master, may be admitted to the proceeding.
(c) Any proceeding held pursuant to subsections 1 to 4,
inclusive, of NRS 432B.530 and any proceeding held pursuant to
subsection 5 of NRS 432B.530 when the court proceeds
immediately must be closed to the general public unless the judge
or master, upon his own motion or upon the motion of another
person, determines that all or part of the proceeding must be open
to the general public because opening the proceeding in such a
manner is in the best interests of the child who is the subject of the
proceeding. In determining whether opening all or part of the
proceeding is in the best interests of the child who is the subject of
the proceeding, the judge or master must consider and give due
weight to the desires of that child. If the judge or master
determines pursuant to this paragraph that all or part of a
proceeding must be open to the general public, the judge or master
must make specific findings of fact to support such a
determination. Unless the judge or master determines pursuant to
this paragraph that all or part of a proceeding described in this
paragraph must be open to the general public, the general public
must be excluded and only those persons having a direct interest
in the case, as determined by the judge or master, may be admitted
to the proceeding.
2. Except as otherwise provided in subsections 3 and 4 and
NRS 432B.457, in each judicial district that includes a county
whose population is less than 400,000:
(a) Any proceeding held pursuant to NRS 432B.410 to
432B.590, inclusive, must be closed to the general public unless
the judge or master, upon his own motion or upon the motion of
another person, determines that all or part of the proceeding must
be open to the general public because opening the proceeding in
such a manner is in the best interests of the child who is the
subject of the proceeding. In determining whether opening all or
part of the proceeding is in the best interests of the child who is the
subject of the proceeding, the judge or master shall consider and
give due weight to the desires of that child.
(b) If the judge or master determines pursuant to paragraph
(a) that all or part of a proceeding must be open to the general
public, the judge or master must make specific findings of fact to
support such a determination.
(c) Unless the judge or master determines pursuant to
paragraph (a) that all or part of a proceeding must be open to the
general public, the general public must be excluded and only those
persons having a direct interest in the case, as [ordered] determined
by the judge or master, may be admitted to [any] the proceeding .
3. Except as otherwise provided in subsection 4 and NRS
432B.457, in a proceeding held pursuant to NRS 432B.470, the
general public must be excluded and only those persons having a
direct interest in the case, as determined by the judge or master,
may be admitted to the proceeding.
4. In conducting a proceeding held pursuant to NRS 432B.410
to 432B.590, inclusive[.] , a judge or master shall keep
information confidential to the extent necessary to obtain federal
funds in the maximum amount available to this state.
Sec. 2. 1. The Court Administrator shall collect information
from the clerks of the district courts concerning:
(a) The effect of the amendatory provisions of this act on
children who are involved in proceedings held pursuant to NRS
432B.410 to 432B.590, inclusive;
(b) The operation of the child welfare system in this state; and
(c) Any other issue about which the Legislative Committee on
Children, Youth and Families requests information.
2. The Court Administrator shall:
(a) On or before July 1, 2004, or by another date determined by
the Legislative Committee on Children, Youth and Families, submit
to the Committee a written report compiling the information
collected pursuant to subsection 1; and
(b) On or before January 1, 2005, submit to the Director of the
Legislative Counsel Bureau for transmittal to the 73rd Session of the
Nevada Legislature a written report compiling the most recent and
updated information collected pursuant to subsection 1.
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