Assembly Bill No. 54–Assemblymen Anderson, Parks, Andonov, Buckley, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Horne, Leslie, Manendo, Oceguera, Sherer and Williams

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing parental access to certain records of and information concerning child. (BDR 11‑372)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; providing an affirmative duty for certain persons who keep or maintain records and information concerning a child to provide access to such records and information to any parent of the child unless otherwise ordered by a court; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 125.510 is hereby amended to read as follows:

1-2  125.510  1.  In determining the custody of a minor child in an

1-3  action brought pursuant to this chapter, the court may, except as

1-4  otherwise provided in this section and chapter 130 of NRS:

1-5  (a) During the pendency of the action, at the final hearing or at

1-6  any time thereafter during the minority of any of the children of the

1-7  marriage, make such an order for the custody, care, education,

1-8  maintenance and support of the minor children as appears in their

1-9  best interest; and

1-10      (b) At any time modify or vacate its order, even if the divorce

1-11  was obtained by default without an appearance in the action by one

1-12  of the parties.

2-1  The party seeking such an order shall submit to the jurisdiction of

2-2  the court for the purposes of this subsection. The court may make

2-3  such an order upon the application of one of the parties or the legal

2-4  guardian of the minor.

2-5  2.  The court may require the parents of a child to submit to

2-6  the court a plan for carrying out the court’s order concerning the

2-7  custody of the child.

2-8  3.  Any order for joint custody may be modified or terminated

2-9  by the court upon the petition of one or both parents or on the

2-10  court’s own motion if it is shown that the best interest of the child

2-11  requires the modification or termination. The court shall state in its

2-12  decision the reasons for the order of modification or termination if

2-13  either parent opposes it.

2-14      [3.] 4. Any order for custody of a minor child or children of a

2-15  marriage entered by a court of another state may, subject to the

2-16  jurisdictional requirements in chapter 125A of NRS, be modified at

2-17  any time to an order of joint custody.

2-18      [4.] 5. A party may proceed pursuant to this section without

2-19  counsel.

2-20      [5.] 6. Any order awarding a party a limited right of custody to

2-21  a child must define that right with sufficient particularity to ensure

2-22  that the rights of the parties can be properly enforced and that the

2-23  best interest of the child is achieved. The order must include all

2-24  specific times and other terms of the limited right of custody. As

2-25  used in this subsection, “sufficient particularity” means a statement

2-26  of the rights in absolute terms and not by the use of the term

2-27  “reasonable” or other similar term which is susceptible to different

2-28  interpretations by the parties.

2-29      [6.] 7. All orders authorized by this section must be made in

2-30  accordance with the provisions of chapter 125A of NRS and must

2-31  contain the following language:

 

2-32      PENALTY FOR VIOLATION OF ORDER: THE

2-33  ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD

2-34  IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A

2-35  CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS

2-36  200.359 provides that every person having a limited right of custody

2-37  to a child or any parent having no right of custody to the child who

2-38  willfully detains, conceals or removes the child from a parent,

2-39  guardian or other person having lawful custody or a right of

2-40  visitation of the child in violation of an order of this court, or

2-41  removes the child from the jurisdiction of the court without the

2-42  consent of either the court or all persons who have the right to

2-43  custody or visitation is subject to being punished for a category D

2-44  felony as provided in NRS 193.130.

3-1  [7.] 8. In addition to the language required pursuant to

3-2  subsection [6,] 7, all orders authorized by this section must specify

3-3  that the terms of the Hague Convention of October 25, 1980,

3-4  adopted by the 14th Session of the Hague Conference on Private

3-5  International Law, apply if a parent abducts or wrongfully retains a

3-6  child in a foreign country.

3-7  [8.] 9. If a parent of the child lives in a foreign country or has

3-8  significant commitments in a foreign country:

3-9  (a) The parties may agree, and the court shall include in the

3-10  order for custody of the child, that the United States is the country

3-11  of habitual residence of the child for the purposes of applying the

3-12  terms of the Hague Convention as set forth in subsection [7.] 8.

3-13      (b) Upon motion of one of the parties, the court may order the

3-14  parent to post a bond if the court determines that the parent poses an

3-15  imminent risk of wrongfully removing or concealing the child

3-16  outside the country of habitual residence. The bond must be in an

3-17  amount determined by the court and may be used only to pay for the

3-18  cost of locating the child and returning him to his habitual residence

3-19  if the child is wrongfully removed from or concealed outside the

3-20  country of habitual residence. The fact that a parent has significant

3-21  commitments in a foreign country does not create a presumption

3-22  that the parent poses an imminent risk of wrongfully removing or

3-23  concealing the child.

3-24      [9.] 10. Except where a contract providing otherwise has been

3-25  executed pursuant to NRS 123.080, the obligation for care,

3-26  education, maintenance and support of any minor child created by

3-27  any order entered pursuant to this section ceases:

3-28      (a) Upon the death of the person to whom the order was

3-29  directed; or

3-30      (b) When the child reaches 18 years of age if he is no longer

3-31  enrolled in high school, otherwise, when he reaches 19 years of age.

3-32      [10.] 11. As used in this section, a parent has “significant

3-33  commitments in a foreign country” if he:

3-34      (a) Is a citizen of a foreign country;

3-35      (b) Possesses a passport in his name from a foreign country;

3-36      (c) Became a citizen of the United States after marrying the

3-37  other parent of the child; or

3-38      (d) Frequently travels to a foreign country.

3-39      Sec. 2.  Chapter 125C of NRS is hereby amended by adding

3-40  thereto a new section to read as follows:

3-41      1.  Except as otherwise provided in subsection 2, the custodian

3-42  of records and other information concerning a child, and any

3-43  other person who is responsible for maintaining such records and

3-44  information, shall provide access to those records and information

3-45  to any parent of the child upon request. Such records and

4-1  information include, without limitation, medical, dental and

4-2  school records of the child and information contained therein.

4-3  2.  The provisions of this section apply to any parent of a child

4-4  regardless of custody, rights to visitation and marital status, unless

4-5  a court orders otherwise. The provisions of this section do not

4-6  apply to a parent whose parental rights have been terminated.

4-7  Sec. 3.  NRS 125.520 is hereby repealed.

 

4-8  TEXT OF REPEALED SECTION

 

4-9  125.520  Plan for carrying out court’s order; access to

4-10   child’s records.

4-11      1.  The court may, when appropriate, require the parents to

4-12   submit to the court a plan for carrying out the court’s order

4-13   concerning custody.

4-14      2.  Access to records and other information pertaining to a

4-15   minor child, for example, medical, dental and school records, must

4-16   not be denied to a parent for the reason that the parent is not the

4-17   child’s custodial parent.

 

4-18  H