ADOPTION OF CHILDREN IN CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES

Nev. Rev. Stat. 127B

in effect

Nev. Rev. Stat. § 127B.010 Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 127B.020 to 127B.070, inclusive, have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 127B.020 Foster home defined.

Foster home has the meaning ascribed to it in NRS 424.014.

Nev. Rev. Stat. § 127B.030 Home study defined.

Home study means the investigation of a prospective adoptive parent or parents to determine the suitability of the prospective adoptive home pursuant to NRS 127B.730.

Nev. Rev. Stat. § 127B.040 Parent defined.

Parent means a person: 1. Who is a biological or legal parent of a child whose parental rights have not been terminated by a court order or execution of a specific consent to adoption or relinquishment; 2. Who is a putative parent or proven parent of a child; 3. Who is presumed to be the parent of a child; 4. Whose paternity or parentage has been established pursuant to chapter 126 of NRS; or 5. Whose parentage has been confirmed by a court order.

Nev. Rev. Stat. § 127B.050 Prospective adoptive parent defined.

Prospective adoptive parent means a person who has been identified by an agency which provides child welfare services as an adoptive resource but whose adoption petition has not been granted by the court.

Nev. Rev. Stat. § 127B.060 Relinquishment defined.

Relinquishment means a document executed by a person pursuant to this chapter which: 1. Voluntarily terminates the parental rights of the person in the child to be adopted; and 2. Places the child with an agency which provides child welfare services for adoption.

Nev. Rev. Stat. § 127B.070 Specific consent to adoption defined.

Specific consent to adoption means a document executed pursuant to this chapter by a parent whose rights have not been relinquished or terminated, which authorizes the child to be adopted by a specifically named person or persons, and provides for the retention of the parental rights until the final adoption.

Nev. Rev. Stat. § 127B.080 Scope of chapter; applicability of other provisions.

In addition to the requirements prescribed in chapter 127A of NRS, the provisions of this chapter govern the adoption of children who are in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS.

Nev. Rev. Stat. § 127B.090 Register of Children with Special Needs: Establishment; contents; availability.

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 the childs parents. A copy of the Register must be made available for review by prospective adoptive parents at each office of the Division.

Nev. Rev. Stat. § 127B.100 Booklet on adoption: Preparation; contents; annual revision; distribution; acceptance of gifts and grants.

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 this State that place children with adoptive parents; (f) The number of prospective adoptive parents; (g) A comparison of this State to the surrounding states regarding the placement of children with adoptive parents; (h) A comparison of the Division to other agencies in this State 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; and (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 parents considering relinquishing for or consenting to adoption. 3. The Division may accept gifts or grants to assist in the production and distribution of the booklet.

Nev. Rev. Stat. § 127B.110 Persons and entities authorized to perform duties relating to compliance with Interstate Compact on the Placement of Children.

Compliance with the requirements of the Interstate Compact on the Placement of Children pursuant to chapter 127F of NRS may be performed by an agency which provides child welfare services or an attorney licensed to practice law in this State.

Nev. Rev. Stat. § 127B.200 Court order required for adoption of children with certain connections to this State; exception.

1. Except as otherwise provided in chapter 125E of NRS and NRS 127B.320 , 127B.340 , 127B.400 and 127B.460 to 127B.500 , inclusive, a child of whom this State: (a) Is the home state on the date of the commencement of the proceeding; or (b) Was the home state within 6 months before the commencement of the proceeding, Ê may not be adopted except upon an order of a district court in this State. 2. As used in this section, home state means: (a) The state in which a child lived for at least 6 consecutive months, including any temporary absence from the state, such as a placement outside of the state through the Interstate Compact on the Placement of Children pursuant to chapter 127F of NRS immediately before the commencement of a proceeding; or (b) In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state.

Nev. Rev. Stat. § 127B.210 Adoption of child: Authorized petitioners; consent of certain children required; exceptions.

1. Except as otherwise provided in subsection 2: (a) A child in the custody of an agency which provides child welfare services may be adopted by one or more adults with whom the child is placed by the agency which provides child welfare services and subject to the rules prescribed by this chapter; (b) A person adopting a child must be at least 10 years older than the person adopted; and (c) If the child is over the age of 14 years, the child must agree to the adoption. 2. A court may approve the adoption of a child without regard to the age difference of the child and a prospective adoptive parent if: (a) The prospective adoptive parent is related to the child within the third degree of consanguinity; and (b) The court is satisfied that it is in the best interest of the child.

Nev. Rev. Stat. § 127B.220 Petition for adoption; agreement of spouse required under certain circumstances; effect of spousal agreement; recognition of legal relationship with more than two persons.

1. One or more adults may petition the district court of any county in this State for leave to adopt a child. 2. Except as otherwise provided in subsection 5, a married person not lawfully separated from a spouse may not adopt a child without the agreement of the spouse, if such spouse is capable of giving such agreement to the adoption. 3. If a spouse agrees to an adoption as described in subsection 2, such agreement does not establish any parental rights or responsibilities on the part of the spouse unless the spouse: (a) Has, in a writing filed with the court, specifically agreed to: (1) Adopting the child; and (2) Establishing parental rights and responsibilities; and (b) Is named as an adoptive parent in the order of adoption. 4. The court shall not name a spouse who agrees to an adoption as described in subsection 2 as an adoptive parent in an order of adoption unless: (a) The spouse has filed a writing with the court as described in paragraph (a) of subsection 3; and (b) The home of the spouse is suitable for the child as determined by a post-placement investigation pursuant to NRS 127B.350 and a home study investigation pursuant to NRS 127B.730 . 5. The court may dispense with the requirement for the agreement of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to agree. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order of adoption. 6. The court may determine that a child has a legal relationship with more than two persons who petition for the adoption of the child pursuant to this section.

Nev. Rev. Stat. § 127B.230 Specific consent to adoption required from certain parents and legal guardians.

Except as otherwise provided in NRS 127B.240, a specific consent to adoption proposed by a petition for adoption of a child is required from: 1. Each parent of the child who is alive and whose parental rights have not been terminated or relinquished; and 2. Any legal guardian of the person of the child appointed by a court of competent jurisdiction.

Nev. Rev. Stat. § 127B.240 When specific consent to adoption or relinquishment not required.

The execution of a specific consent to adoption or relinquishment by a parent shall not be necessary: 1. Where parental rights have been terminated by an order of a court of competent jurisdiction; 2. Upon the death of the parent; or 3. Upon the termination of the parental rights of the parent through operation of law by a birth father registry operated in another state.

Nev. Rev. Stat. § 127B.250 Agency which provides child welfare services authorized to accept specific consent for adoption or relinquishment.

An agency which provides child welfare services may accept a specific consent for adoption or relinquishment.

Nev. Rev. Stat. § 127B.260 Determination of whether child is Indian child; notice to tribe; regulations.

1. Each agency which provides child welfare services that, pursuant to NRS 127B.250 , accepts a relinquishment shall make all necessary inquiries to determine whether the child is an Indian child. If it is determined 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 which provides child welfare services shall so notify the childs 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 in accordance with federal common law.

Nev. Rev. Stat. § 127B.270 Agency which provides child welfare services responsible for care, custody and control of child until adoption granted.

An agency which provides child welfare services to which a child has been ordered or relinquished for adoption shall be responsible for the care of the child in its custody, and shall be entitled to the custody and control of the child at all times until a petition for adoption has been granted.

Nev. Rev. Stat. § 127B.280 Specific consent to adoption or relinquishment: General requirements for execution.

1. A specific consent to adoption or relinquishment executed in this State, or executed outside this State for use in this State, is not valid unless it: (a) Identifies the child to be adopted by name, if any, sex and date of birth. (b) Is in writing. (c) Is acknowledged by the person signing the specific consent to adoption or relinquishment before a judge or a clerk of the court having a seal, a notary public or a justice of the peace. (d) Contains, at the time of execution: (1) For a specific consent to adoption, the name of the person or persons to whom specific consent to adopt the child is given; or (2) For a relinquishment, the name of the agency which provides child welfare services. (e) Indicates whether the person giving the consent has reason to know that the child is an Indian child and, if the person does not have reason to know that the child is an Indian child, includes a statement that the person will inform the court immediately if, before the entry of the order of adoption pursuant to NRS 127B.390 , the person receives information that provides reason to know that the child is an Indian child. (f) Except as otherwise provided in subsection 2, is attested by at least two competent, disinterested witnesses who subscribe their names to the specific consent to adoption or relinquishment in the presence of or by remote appearance with the signing parent. One of the witnesses must be: (1) If the signing is occurring in this State, an employee of the agency which provides child welfare services; or (2) If the signing is occurring in another state, a person authorized in that state to witness or accept a specific consent to adoption or relinquishment. 2. A social worker employed by an agency which provides child welfare services may remotely witness the execution of a specific consent to adoption or relinquishment by a parent of the child to be adopted who resides in another state.

Nev. Rev. Stat. § 127B.290 Affidavit of attesting witnesses as proof of due execution of specific consent to adoption.

1. Any or all of the attesting witnesses to any specific consent to adoption may 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 specific consent to adoption. The affidavit must be written on the specific 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 specific 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 specific consent to adoption by ................ (name of person or persons giving consent); that they subscribed the specific consent to adoption and declared the same to be a voluntary specific consent to adoption in their presence; that at the time the specific consent to adoption was executed it contained the name of the person or persons to whom specific 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 giving consent) and in the presence of each other and at the request of ................ (name of person or persons giving consent) that at the time of the execution of the consent to adoption ................ (name of person or persons giving consent) acknowledged to them that they were, and they appeared to them to be, in full possession of their faculties and not under the influence of any drug or sedative that could impact their reasoning or judgment or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at their request. ....................................................................... ....................................................................... Subscribed and sworn to before me this ...... day of the month of ...... of the year ...... Notary Public

Nev. Rev. Stat. § 127B.300 Affidavit of attesting witnesses as proof of due execution of relinquishment.

1. Any or all of the attesting witnesses to any relinquishment may 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 relinquishment. The affidavit must be written on the relinquishment 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 relinquishment 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 relinquishment by ................ (name of person or persons relinquishing); that they subscribed the relinquishment and declared the same to be a voluntary relinquishment in their presence; that at the time the relinquishment was executed it contained the name of the agency to which relinquishment was made; that they thereafter subscribed the same as witnesses in the presence of ................ (name of person or persons relinquishing) and in the presence of each other and at the request of ................ (name of person or persons relinquishing) that at the time of the execution of the relinquishment ................ (name of person or persons relinquishing) acknowledged to them that they were, and they appeared to them to be, in full possession of their faculties and not under the influence of any drug or sedative that could impact their reasoning or judgment or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at their request. ....................................................................... ....................................................................... Subscribed and sworn to before me this ...... day of the month of ...... of the year ...... Notary Public

Nev. Rev. Stat. § 127B.310 Specific consent to adoption or relinquishment: Execution by minor parent; effect of attaining majority; revocation or nullification.

1. A minor parent may execute a specific consent to adoption or relinquishment without a requirement for notification to or consent by the parent or parents of the minor. 2. A specific consent to adoption or relinquishment executed by a minor parent cannot be revoked or nullified based upon a minor parent becoming an adult. 3. A specific consent to adoption or relinquishment cannot be revoked or nullified by the executing parent unless the specific consent to adoption or relinquishment was obtained under fraud, duress or undue influence and the action to void the specific consent to adoption or relinquishment is brought within 30 days of execution.

Nev. Rev. Stat. § 127B.320 Consent to adoption of Indian child: Execution; withdrawal.

1. If a petition for adoption of a child concerns the adoption of an Indian child, unless the parental rights of the Indian childs parents have been terminated, consent in writing to the adoption must be given by the Indian childs parents. Such written consent must be filed with the court. 2. An Indian childs parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian childs birth by executing the consent in person or by remote appearance before the court on the record. 3. Before the execution of a parents consent under subsection 2, the court must explain to the parent on the record in detail and in the language of the parent: (a) The right to legal counsel; (b) The terms and consequences of the consent in detail; and (c) That at any time before the entry of the order of adoption, the parent may withdraw consent for any reason and petition the court to have the child returned. 4. After the execution of a parents consent under subsection 2, the court shall certify that the court made the explanation under subsection 3 and that the parent fully understood the explanation. 5. At any time before the entry of an order of adoption, an Indian childs parent may withdraw the parents consent under this section. The withdrawal of consent must be made by filing a written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding. Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement to regain custody and control of the Indian child. A parent who withdraws consent may petition the court for the return of the child. 6. As used in this section, parent has the meaning ascribed to it in NRS 125E.130 .

Nev. Rev. Stat. § 127B.330 Petition for adoption: Contents.

1. A petition for adoption of a child may be filed at any time after a child is legally free for adoption and upon the agreement of the agency which provides child welfare services. 2. The petition for adoption must state, in substance, the following: (a) The full name and age of the petitioners. (b) The age of the child sought to be adopted and the date that the child was placed with the petitioners. (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child. (d) If the petitioners desire to change the name of the child, the new name desired. (e) That the petitioners are fit and proper persons to have the care and custody of the child. (f) That the petitioners are financially able to provide for the child. (g) That there has been a full compliance with the law in regard to termination of parental rights, specific consent to adoption or relinquishment as to all parents. (h) That there has been a full compliance with NRS 127B.700 to 127B.780 , inclusive. (i) Whether the petitioners have reason to know that the child is an Indian child. (j) That there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation or abuse. (k) Whether an agreement for postadoptive contact has been entered into by the parent or parents of the child and the prospective adoptive parent or parents of the child. (l) Whether there is an order for visitation of a child by a sibling or other relative. 3. An order of adoption may not be entered unless there has been full compliance with NRS 127B.700 to 127B.780 , inclusive.

Nev. Rev. Stat. § 127B.340 Petition for adoption: Additional contents and requirements relating to Indian children.

1. In addition to the requirements set forth in NRS 127B.330 , a petition for adoption of a child must contain: (a) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127B.490 , of the petitioners good faith efforts described in subsection 1 of NRS 125E.210 to determine whether there is reason to know that the child is an Indian child; (b) A statement as to whether the petitioner has reason to know that the child is an Indian child; and (c) If the petitioner has reason to know that the child is an Indian child: (1) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127B.490 , showing that the proposed adoptive placement complies with the requirements under NRS 127E.350; or (2) A statement that the petitioner is moving the court under subsection 3 of NRS 125E.350 for a finding, by clear and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the assertion of the petitioner that good cause exists for the alternative placement, as described in subsection 3 of NRS 125E.350 . 2. A petition for adoption of a child must, if applicable, request the following: (a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of NRS 125E.210 ; (b) A finding of whether there is reason to know that the child is an Indian child; and (c) If the court finds that the child is an Indian child: (1) The determinations required under NRS 125E.250 regarding the Indian childs residence, domicile and wardship status; (2) A finding that the petitioner complied with the notice requirements under subsection 2 of NRS 125E.220 ; and (3) A finding that the adoptive placement complies with the placement preferences under NRS 125E.350 or, if not, that upon the petitioners motion under subsection 3 of NRS 125E.350 , good cause exists for placement contrary to the placement preferences in NRS 125E.350 . 3. If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall: (a) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under subsection 3 of NRS 125E.220 , to: (1) Each tribe of which the Indian child may be a member or in which the Indian child may be eligible for membership; (2) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the childs parents, Indian custodian or tribe cannot be ascertained; and (3) The appropriate agency which provides child welfare services. (b) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

Nev. Rev. Stat. § 127B.350 Petition for adoption: Filing; post-placement investigation and report; independent home study.

1. A petition for adoption of a child must be filed with the clerk of the court. 2. Unless waived by the court, the agency which provides child welfare services shall make a post-placement investigation and report as provided in this section. 3. Except as otherwise provided in this section, an agency which provides child welfare services shall, not less than 7 days before the date of the hearing for adoption finalization, submit to the court a written report regarding the results of the condition of the child and suitability of the home of the prospective adoptive parent or parents, which must contain, without limitation, a specific recommendation for or against approval of the petition and a statement of whether the child is a known Indian child, and shall furnish to the court any other information regarding the child or proposed home which is required by the court. The court, on good cause shown, may extend the time, designating a time certain, within which to submit the report. The agency which provides child welfare services may waive this report for a prospective adoptive parent who is related to the child within the third degree of consanguinity. 4. If the court is dissatisfied with the report submitted by the agency which provides child welfare services, the court may order an independent home study to be conducted and a report submitted by an agency selected by the court. The costs of the investigation and report may be assessed against the petitioner.

Nev. Rev. Stat. § 127B.360 Petition for adoption: Required notice.

Notice of the filing of a petition for adoption of a child must be provided to all legal custodians or guardians of the child who are not a parent of the child.

Nev. Rev. Stat. § 127B.370 Report of agency which provides child welfare services: Confidentiality; opportunity to rebut adverse recommendation.

The report of the agency which provides child welfare services 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 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.

Nev. Rev. Stat. § 127B.380 Hearing on petition for adoption: Appearance by telephone or remote means; waiver of attendance of child.

1. Except as otherwise provided in subsection 2, the prospective adoptive parent or parents, child to be adopted, representative of the agency which provides child welfare services and counsel for the parties may attend by telephone or remote appearance, including, without limitation, by use of a remote-technology system, in lieu of attending in person, any hearings held by the court concerning a petition for adoption. 2. The court may waive the attendance of a child to be adopted for good cause shown. 3. As used in this section, remote-technology system means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend any hearing held by the court even though the person is not physically present at the hearing. The term includes, without limitation, teleconference and videoconference systems.

Nev. Rev. Stat. § 127B.390 Order of adoption: Entry; denial.

1. If the court finds that the best interest of the child warrants the granting of the petition, an order of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interest of the child warrants the granting of a petition, the court shall give strong consideration to the emotional bond between the child and the prospective adoptive parent. A copy of the order must be sent to the Division by the petitioners within 7 days after the order is issued. In the order, the court may change the name of the child, if desired. 2. Except as otherwise provided in this subsection, an order of adoption may not be made until 6 months after the placement of child with the petitioners. 3. If the court is not satisfied that the proposed adoption is in the best interest of the child, the court shall deny the petition and custody of the child shall remain with the agency which provides child welfare services. The court shall not deny a petition solely because the petitioner: (a) Is deaf, is blind or has another physical disability; or (b) Is the holder of a valid registry identification card. 4. After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the best interest of the child.

Nev. Rev. Stat. § 127B.400 Order of adoption: Required findings relating to Indian children; additional requirements for order involving Indian child.

1. An order entered pursuant to NRS 127B.390 must include: (a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of NRS 125E.210 to determine whether there is reason to know that the child is an Indian child; and (b) A finding that the child is or is not an Indian child. 2. In an adoption of an Indian child, the order must include: (a) The birth name and date of birth of the Indian child, the Indian childs tribal affiliation and the name of the Indian child after adoption; (b) If known, the names and addresses of the parents; (c) The names and addresses of the adoptive parents; (d) The name and contact information for any agency having files or information relating to the adoption; (e) Any information relating to tribal membership or eligibility for tribal membership of the Indian child; (f) The determination regarding the Indian childs residence, domicile and tribal wardship status as required under NRS 125E.250 ; (g) A finding that the petitioner complied with the notice requirements under subsection 2 of NRS 125E.220 ; (h) If the adoptive placement and the parents entered into a postadoptive contact agreement or the adoptive placement and the Indian childs tribe has entered into an agreement that requires the adoptive placement to maintain connection between the child and the childs tribe, the terms of the agreement; and (i) A finding that the adoptive placement complies with the placement preferences under NRS 125E.350 or, if the placement does not comply with the placement preferences under NRS 125E.350 , a finding upon the petitioners motion under subsection 3 of NRS 125E.350 that good cause exists for placement contrary to the placement preferences. 3. For each finding or determination made under this section, the court must provide a description of the facts upon which the finding or determination is based. 4. Upon entry of the order of adoption of an Indian child, the court shall provide to the United States Bureau of Indian Affairs copies of the order entered pursuant to NRS 127B.390 , any affidavit signed by a consenting parent requesting anonymity, and all other required information in accordance with 25 C.F.R. § 23.140.

Nev. Rev. Stat. § 127B.410 Report to prospective adoptive parents: Contents; written confirmation of receipt; regulations.

1. Except as otherwise provided in subsection 3, the agency which provides child welfare services shall provide the prospective adoptive 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. (b) Any information obtained by the agency which provides child welfare services during interviews of the parent regarding: (1) The medical and sociological history of the child and the 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 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 127B.440 that the child has any special needs. 2. The agency which provides child welfare services shall obtain from the prospective adoptive parents written confirmation that the prospective adoptive 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 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 prospective adoptive parents of the child may also obtain the information set forth in subsection 1.

Nev. Rev. Stat. § 127B.420 Preparation and filing of report of adoption, amendment or annulment.

1. After an order of adoption has been entered, the court shall direct the petitioner or the attorney of the petitioner to prepare a report of adoption on a form prescribed and furnished by the State Registrar of Vital Statistics or the equivalent office in the state that issued the birth certificate. 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 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 the attorney of the petitioner with any factual information which will assist in the preparation of the report required in subsection 1. 3. If an order of adoption is amended or annulled, the petitioner or the attorney of the petitioner shall prepare a report to the State Registrar of Vital Statistics or the equivalent office in the state that issued the birth certificate, which includes sufficient information to identify the original order of adoption and the provisions of that order which were amended or annulled. 4. The petitioner or the attorney of the petitioner shall forward all reports required by the provisions of this section to the State Registrar of Vital Statistics or the equivalent office in the state in which the birth certificate was issued not later than the 30 days after the date in which the order was entered, or more frequently if requested by the State Registrar of Vital Statistics, together with any related material the State Registrar of Vital Statistics may require.

Nev. Rev. Stat. § 127B.430 Right of sibling and certain relatives to visit with child; limitations; duties of agency which provides child welfare services.

1. Except as otherwise provided in NRS 127B.600 to 127B.650 , inclusive, in a proceeding for adoption of a child, the court may grant a reasonable right to visit to: (a) A sibling of the child if the child is in the custody of the agency which provides child welfare services and a similar right has been granted previously pursuant to NRS 432B.580 ; and (b) Certain relatives of the child only if a similar right had been granted previously pursuant to NRS 125C.050 . 2. The agency which provides child welfare services shall provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580 . 3. The court may not grant a right to visit the child to any person other than as specified in subsection 1.

Nev. Rev. Stat. § 127B.440 Adoption of children with special needs; financial assistance and other support for prospective adoptive parents and adoptive parents; regulations.

1. The agency which provides child welfare services 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 by proposed adoptive parents when, in the judgment of the agency which provides child welfare services, it would be in the best interest of the child to be placed in that adoptive home. 2. The agency which provides child welfare services 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 prospective 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 prospective 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 attorneys 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 the 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 prospective 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 the 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: (a) Reaches 18 years of age, if the child is not enrolled in school, or 19 years of age, if the child is enrolled in school; (b) Graduates from high school, if the child is at least 18 years of age; (c) Becomes self-supporting; (d) Is emancipated; or (e) Dies. 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 prospective adoptive parents in an adoption proceeding for a child with special needs if the agency which provides child welfare services 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.

Nev. Rev. Stat. § 127B.450 Action to set aside adoption; presumption regarding best interest of child.

1. A placing 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 specific consent to adoption; (b) Set aside the relinquishment of the child for adoption; or (c) Reversed an order terminating the parental rights of the placing 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 adoptive parents is in the best interest of the child. 3. As used in this section, placing parent means a parent who executed a specific consent to adoption or relinquishment pursuant to this chapter.

Nev. Rev. Stat. § 127B.460 Petition to vacate order of adoption of Indian child; restoration of parental rights.

1. A petition to vacate an order of adoption of an Indian child under this chapter may be filed in a court of competent jurisdiction by a parent who consented to the adoption. 2. Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian childs tribe. 3. After a hearing on the petition, the court shall vacate the order of adoption if: (a) The petition is filed not later than 2 years following the date of the order; and (b) The court finds by clear and convincing evidence that the parents consent was obtained through fraud or duress. 4. When the court vacates an order of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a plan for the physical custody of the Indian child, whether the Indian child will be placed with an agency which provides child welfare services or with the parent.

Nev. Rev. Stat. § 127B.470 Notice of vacatur of adoption of Indian child; waiver of notice; revocation of waiver; return of custody and restoration of parental rights.

1. If an order of adoption of an Indian child under this chapter is vacated, the court vacating the order must notify, by registered or certified mail with return receipt requested, the Indian childs former parents, prior Indian custodian, if any, and Indian tribe and the appropriate agency which provides child welfare services. 2. The notice required under subsection 1 must: (a) Include the Indian childs current name and any former names as reflected in the court record; (b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section; (c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and (d) Be sent to the last known address in the court record. 3. An Indian childs former parent or prior Indian custodian may waive notice under this section by executing a waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out any conditions to the waiver. Before the execution of the waiver, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian: (a) The former parents right to legal counsel, if applicable; (b) The terms and consequences of the waiver; and (c) How the waiver may be revoked. 4. After execution of the waiver pursuant to subsection 3, the court shall certify that it provided the explanation as required under subsection 3 and that the former parent or prior Indian custodian fully understood the explanation. 5. At any time before the entry of an order of adoption of an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child. 6. If an order of adoption of an Indian child under this chapter is vacated other than as provided in NRS 125E.360 , an Indian childs former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored. The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under subsection 3 of NRS 125E.220 to: (a) The agency which provides child welfare services in the county in which the order was vacated; (b) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (c) The childs parents; (d) The childs Indian custodian, if applicable; and (e) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the childs parents cannot be ascertained. Ê The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service. 7. Upon the filing of an objection to a motion made pursuant to subsection 6, the court shall fix the time for hearing on objections. 8. The court shall order the Indian child to be returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the best interest of the child, as described in NRS 125E.230 . If the court orders the Indian child to be returned to the custody of the former parent or prior Indian custodian, the courts order must include a transition plan for the physical custody of the child, which may include protective supervision. 9. As used in this section: (a) Former parent means a person who was previously the parent of an Indian child subject to an order of adoption under this chapter and whose parental rights have not been restored under NRS 127B.460 . (b) Prior Indian custodian means a person who was previously the custodian of an Indian child subject to an order of adoption of the child under this chapter.

Nev. Rev. Stat. § 127B.480 Access to adoption records of Indian child by tribe of child or United States Secretary of the Interior.

1. Notwithstanding any other provision of law, if an Indian childs tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available not later than 14 days following the date of the request. 2. The records made available under subsection 1 must, at a minimum, include the petition, all substantive orders entered in the adoption proceedings, the complete record of the placement finding and, if the placement departs from the placement preference under NRS 125E.350 , detailed documentation of the efforts to comply with the placement preferences.

Nev. Rev. Stat. § 127B.490 Preparation and filing of ICWA compliance report; action by court; development of forms, material and training.

1. In a proceeding for the adoption of a child, within 90 days after service of a petition upon the appropriate agency which provides child welfare services as required pursuant to NRS 127B.340 , the agency shall file with the court an ICWA compliance report, which must reflect the agencys view of the petition and advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required pursuant to subsection 2. Nothing in this section requires the agency to make a determination of law regarding the documentation provided by the petitioner. 2. Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under subsection 1 of NRS 125E.210 and, if applicable, the notice requirements under subsection 2 of NRS 125E.220 . If the court finds that: (a) Subject to the procedures under subsection 3 of NRS 125E.210 , the child is an Indian child, the courts order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under NRS 125E.350 . If the court finds that the proposed adoptive placement does not comply with such preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under subsection 3 of NRS 125E.350 for authority to make the placement contrary to the placement preferences under NRS 125E.350 . (b) The petitioner failed to satisfy the inquiry requirements under subsection 1 of NRS 125E.210 or, if applicable, the notice requirements under subsection 2 of NRS 125E.220 , or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition. If the court directs the petitioner to file an amended petition pursuant to this subsection or a motion and the petitioner fails to do so within a reasonable amount of time, the court shall order the petitioner to appear and show cause why the court should not dismiss the petition. 3. The Division shall adopt regulations providing a nonexhaustive description of the documentation that the petitioners or moving parties in proceedings under this chapter may submit to the court to document compliance with the inquiry requirements under subsection 1 of NRS 125E.210 and the notice requirements under subsection 2 of NRS 125E.220 and the placement preferences under NRS 125E.350 , including, without limitation: (a) Descriptions of the consultations the petitioner or moving party made with the persons described in subsection 1 of NRS 125E.210 and subsection 3 of NRS 125E.220 and the responses the petitioner or moving party obtained; (b) Descriptions of any oral responses and copies of any written responses the petitioner or moving party obtained from the persons described in subsection 1 of NRS 125E.210 and subsection 3 of NRS 125E.220 ; (c) Copies of any identification cards or other records indicating the membership of the child or the childs parent in an Indian tribe; (d) Copies of any tribal court records regarding the Indian child; (e) Any reports, declarations or testimony on the record documenting the due diligence of the petitioner or moving party to identify and work with all of the tribes of which the petitioner or moving party has reason to know that the child may be a member or in which the child may be eligible for membership; and (f) The declaration of compliance regarding the notices the petitioner sent, as described in NRS 127B.340 . 4. The Division shall adopt any other regulations for the preparation of ICWA compliance reports that are necessary for agencies which provide child welfare services to carry out their duties under this chapter. 5. The court administrator may prepare and make available to the public forms and information to assist petitioners to comply with the requirements under this section and NRS 125E.210 , 125E.220 , 125E.350 and 127B.340 , and any related rules or regulations, including, without limitation: (a) Forms of petitions required under NRS 127B.340 , motions to request a deviation from the placement preferences under subsection 3 of NRS 125E.350 and notices required under subsection 3 of NRS 125E.220 ; and (b) Worksheets and checklists to assist petitioners with the inquiry required under subsection 1 of NRS 125E.210 and the notices required under subsection 1 of NRS 125E.220 , and assessing whether proposed adoptive placements satisfy the preferences under NRS 125E.350 . 6. The court administrator may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of chapter 125E of NRS, and NRS 127B.320 , 127B.340 , 127B.400 and 127B.460 to 127B.500 , inclusive, to adoptions of children, including, without limitation, identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice of the appropriateness of adoptive placements. 7. As used in this section, ICWA compliance report means a written report prepared by an agency which provides child welfare services concerning compliance with the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq.

Nev. Rev. Stat. § 127B.500 Tribal customary adoption of Indian child; regulations.

1. If the court determines that tribal customary adoption is in the best interest, as described in NRS 125E.230 , of a ward who is an Indian child and the Indian childs tribe consents to the tribal customary adoption: (a) The appropriate agency which provides child welfare services shall provide the Indian childs tribe and the proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the extent not otherwise prohibited by state or federal law, the medical background, if known, of the Indian childs parents, and the Indian childs educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations. (b) The court shall accept a tribal customary adoptive home study conducted by the Indian childs tribe if the home study: (1) Includes federal criminal background checks, including reports of child abuse, that meet the standards applicable under the laws of this State for all other proposed adoptive placements; (2) Uses the prevailing social and cultural standards of the Indian childs tribe as the standards for evaluation of the proposed adoptive placement; (3) Includes an evaluation of the background, safety and health information of the proposed adoptive placement, including the biological, psychological and social factors of the proposed adoptive placement and assessment of the commitment, capability and suitability of the proposed adoptive placement to meet the Indian childs needs; and (4) Except where the proposed adoptive placement is in the Indian childs current foster care placement, is completed before the placement of the Indian child in the proposed adoptive placement. (c) Notwithstanding subsection 2, the court may not accept the tribes order or judgment of tribal customary adoption if any adult living in the proposed adoptive placement has a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including, child sexual abuse material, or a crime involving violence. The Division shall, by regulation, define crime involving violence for the purpose of this paragraph. The definition must include rape, sexual assault and homicide, but must not include other physical assault or battery. 2. The court shall accept an order or judgment for tribal customary adoption that is filed by the Indian childs tribe if: (a) The court determines that tribal customary adoption is an appropriate permanent placement option for the Indian child; (b) The court finds that the tribal customary adoption is in the best interest of the child, as described in NRS 125E.230 ; and (c) The order or judgment: (1) Includes a description of the modification of the legal relationship of the Indian childs parents or Indian custodian and the Indian child, including any contact between the Indian child and the Indian childs parents or Indian custodian, responsibilities of the Indian childs parents or Indian custodian and the rights of inheritance of the parents and Indian child; (2) Includes a description of the Indian childs legal relationship with the tribe; and (3) Does not include any child support obligations from the Indian childs parents or Indian custodian. Ê The court shall afford full faith and credit to a tribal customary adoption order or judgment that is accepted under this subsection. 3. A tribal customary adoptive parent is not required to file a petition for adoption when the court accepts a tribal customary adoption order or judgment under subsection 2. The clerk of the court may not charge or collect a fee for a proceeding under this subsection. 4. After accepting a tribal customary adoption order or judgment under subsection 2, the court that accepted the order or judgment shall proceed as provided in NRS 127B.390 and enter an order of adoption. In addition to the requirements under NRS 127B.400 , the order of adoption must include a statement that any parental rights or obligations not specified in the order are transferred to the tribal customary adoptive parents and a description of any parental rights or duties retained by the Indian childs parents, the rights of inheritance of the parents and the Indian child and the Indian childs legal relationship with the childs tribe. 5. A tribal customary adoption under this section does not require the consent of the Indian child or the childs parents. 6. Upon the courts entry of an order of adoption under this section, the courts jurisdiction over the Indian child terminates. 7. Any parental rights or obligations not specifically retained by the Indian childs parents in the order of adoption are conclusively presumed to transfer to the tribal customary adoptive parents. 8. This section remains operative only to the extent that compliance with the provisions of this section do not conflict with federal law as a condition of receiving funding under Title IV-E of the Social Security Act, 42 U.S.C. §§ 670 et seq. 9. The Division shall adopt regulations requiring that any report regarding a ward who is an Indian child that an agency which provides child welfare services submits to the court, including any home studies, placement reports or other reports required by law must address tribal customary adoptions as a permanency option. The Supreme Court may adopt rules necessary for the court process to implement the provisions of this section, and the court administrator may prepare necessary forms for the implementation of this section. 10. As used in this section, tribal customary adoption means the adoption of an Indian child, by and through the tribal custom, traditions or law of the childs tribe, and which may be effected without the termination of parental rights.

Nev. Rev. Stat. § 127B.600 Establishment and enforceability of agreement; requirements; effect on rights of adoptive parent; court retains jurisdiction.

1. The 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 the parent or parents; (b) The adoptive parent or parents and the parent or parents; or (c) Any combination thereof. 2. An agreement that provides for postadoptive contact is enforceable if: (a) The agreement is in writing and signed by the parties; (b) The agreement is incorporated into an order of adoption; (c) The agreement is signed by a parent or parents before: (1) The termination or voluntary relinquishment of the parental rights of the parent or parents; or (2) The execution of a specific consent to adoption or relinquishment; and (d) In the case of an agreement that concerns a child who was in the custody of an agency which provides child welfare services before being adopted: (1) The agency which provides child welfare services has determined that the agreement is in the best interest of the child; or (2) The court has determined, after a hearing, that the agreement is in the best interest of the child. 3. The identity of a 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 parent must be provided in the agreement. 4. A parent or adoptive parent who enters into an agreement that provides for postadoptive contact shall include in the agreement an address at which the parent or adoptive parent may receive service of a petition filed pursuant to NRS 127B.630 unless the parent or adoptive parent elects to receive service by alternate means through electronic mail rather than certified or registered mail, in which case, the electronic mail address must be included in the agreement. If a parent or adoptive parent refuses or fails to include such an address in an agreement that provides for postadoptive contact, the court may, on the date on which the court enters an order of adoption which incorporates the agreement, order the agency which provides child welfare services to provide the court with the contact information of the parent or adoptive parent who refused or failed to include the address. If a court so orders, the court shall: (a) Append the address to the agreement for postadoptive contact; and (b) Make the address available to any party to the agreement who wishes to file a petition pursuant to NRS 127B.630 . 5. If a parent or adoptive parent changes the address that was included in an agreement that provides for postadoptive contact pursuant to subsection 4, the parent shall file with the clerk of the court notice of the change of address within 15 days after the change of address. 6. A court that enters an order 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. 7. 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 127A.250 .

Nev. Rev. Stat. § 127B.610 Notice of agreement to court.

1. Each prospective adoptive parent of a child to be adopted who enters into an agreement that provides for postadoptive contact pursuant to NRS 127B.600 shall notify the court responsible for entering the order 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 of adoption of the child. 2. Each: (a) Director or other authorized representative of the agency which provides child welfare services involved in the adoption proceedings concerning the child; and (b) Attorney representing a prospective adoptive parent, the child and the agency which provides child welfare services 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 parent or parents of the child have entered into an agreement that provides for postadoptive contact pursuant to NRS 127B.600 , notify the court responsible for entering the order of adoption of the child of the existence of the agreement.

Nev. Rev. Stat. § 127B.620 Inquiry by court concerning existence of agreement; incorporation of agreement into order of adoption.

1. Before a court may enter an order of adoption of a child, the court must address: (a) Except as otherwise provided in subsection 2, 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 involved in the adoption proceedings concerning the child; and (c) Each attorney representing a prospective adoptive parent, the child and the agency which provides child welfare services 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 parent or parents of the child have entered into an agreement that provides for postadoptive contact pursuant to NRS 127B.600 . 2. If the court determines that the prospective adoptive parent or parents and the 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 of adoption.

Nev. Rev. Stat. § 127B.630 Petition to prove existence of agreement or enforce, modify or terminate agreement; notice and hearing.

1. A parent who has entered into an agreement that provides for postadoptive contact pursuant to NRS 127B.600 may, for good cause shown: (a) Petition the court that entered the order 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 of adoption; and (b) During the period set forth in subsection 2 of NRS 127B.640 , petition the court that entered the order 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 127B.600 . 2. An adoptive parent who has entered into an agreement that provides for postadoptive contact pursuant to NRS 127B.600 may: (a) During the period set forth in subsection 2 of NRS 127B.640 , petition the court that entered the order 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 127B.600 ; and (b) Petition the court that entered the order of adoption of the child to modify or terminate the agreement that provides for postadoptive contact in the manner set forth in NRS 127B.650 . 3. A petition filed pursuant to this section must be: (a) Filed under the same case number as the proceeding for adoption; (b) Served by the parent or adoptive parent who filed the petition using certified or registered mail with return receipt requested, or if elected by any of the parties to the postadoptive contact agreement to receive service by alternate means through electronic mail, upon each other parent or adoptive parent, as applicable, who has entered into the agreement that provides for postadoptive contact at the address provided pursuant to subsection 4 or 5 of NRS 127B.600 ; and (c) Heard by: (1) If available, the judge who issued the order of adoption of the child; (2) If the judge described in subparagraph (1) is unavailable and if a family court has been established in the judicial district, a judge of the family court; or (3) If the judge described in subparagraph (1) is unavailable and if a family court has not been established in the judicial district, any district judge of the judicial district.

Nev. Rev. Stat. § 127B.640 Effect of failure to comply with terms of agreement; time within which action to enforce terms must be commenced.

1. Failure to comply with the terms of an agreement that provides for postadoptive contact entered into pursuant to NRS 127B.600 may not be used as a ground to: (a) Set aside an order of adoption; (b) Revoke, nullify or set aside a valid specific consent to adoption or relinquishment; 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.

Nev. Rev. Stat. § 127B.650 Modification or termination of agreement by adoptive parent; presumption and limitations.

1. An agreement that provides for postadoptive contact entered into pursuant to NRS 127B.600 may only be modified or terminated by an adoptive parent petitioning the court that entered the order 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 interest 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 interest 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 for 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.

Nev. Rev. Stat. § 127B.700 Person defined.

As used in NRS 127B.700 to 127B.780, inclusive, unless the context otherwise requires, person includes a hospital.

Nev. Rev. Stat. § 127B.710 Standards and regulations relating to the placement of children for adoption; conformity required.

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. (2) Regulations establishing the procedure to be used by an agency which provides child welfare services in placing children for adoption, which must allow the parent or parents and the prospective adoptive parent or parents to determine, by mutual agreement, 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, 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 shall conform to the standards established and the regulations adopted pursuant to subsection 1.

Nev. Rev. Stat. § 127B.720 Fees for services relating to placement of children for adoption; waiver or reduction of fees; disposition of money collected.

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 the 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 the placing or arranging the placement of any child for adoption and for conducting any investigation required by NRS 127B.730 . 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 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 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.

Nev. Rev. Stat. § 127B.730 Home study of prospective adoptive parent; receipt of report of investigation of prospective adoptive parent from other state.

1. The agency which provides child welfare services shall complete a home study that investigates 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 parent or parents. 2. If the placement is to be made in a home outside of this State, the agency which provides child welfare services 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 parent or parents to determine the suitability of the home for placement of the child for adoption.

Nev. Rev. Stat. § 127B.740 Prospective adoptive parent subject to home study to submit fingerprints; exchange of information; payment of fees.

1. A prospective adoptive parent who is subject to a home study by the agency which provides child welfare services must submit as part of the investigation a complete set of fingerprints and written permission authorizing the agency which provides child welfare services 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 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 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.

Nev. Rev. Stat. § 127B.750 Determination of suitability of prospective adoptive home; prohibited bases for determination; opportunity to review and respond to home study.

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 for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption. 2. Upon the completion of a home study conducted by an agency which provides child welfare services pursuant to NRS 127B.730 , the agency which provides child welfare services shall inform the prospective adoptive parent or parents of the results of the home study. If, pursuant to the home study, 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 shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the home study with the agency which provides child welfare services before the issuance of the results of the home study. Except as otherwise provided in NRS 239.0115 , the identity of those persons who are interviewed or submit information concerning the home study must remain confidential. 3. An agency which provides child welfare services shall not determine that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child solely because the prospective adoptive parent or parents: (a) Are deaf, are blind or have another physical disability; or (b) Are the holders of a valid registry identification card.

Nev. Rev. Stat. § 127B.760 Petition to restrain or enjoin violation or threatened violation of chapter; investigation of unauthorized placement; removal of child.

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 (2) 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 the court determines that it is in the best interest of the child for the child to be removed from the prospective adoptive home. 2. Whenever the agency which provides child welfare services believes that a person has received for the purpose of adoption 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 the 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.

Nev. Rev. Stat. § 127B.770 Preference for placement of child together with siblings of child.

An agency which provides child welfare services shall, to the extent practicable, give preference to the placement of a child for adoption together with the siblings of the child.

Nev. Rev. Stat. § 127B.780 Incorporation of order for visitation with sibling into order of adoption; petition to exclude or amend order for visitation; hearing; enforcement.

1. If a child who is in the custody of an agency which provides child welfare services is placed for adoption, the agency must provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580 . 2. The court shall incorporate an order for visitation provided to the court pursuant to subsection 1 into the order of adoption unless, not later than 30 days after notice of the filing of the petition for adoption is provided to all legal custodians or guardians of the child who are required to be provided with such notice pursuant to NRS 127B.360 , any interested party in the adoption, including, without limitation, the prospective adoptive parent, the adoptive child, a sibling of the adoptive child, the agency which provides child welfare services petitions the court to exclude the order of visitation with a sibling from the order of adoption or amend the order for visitation before including the order in the order of adoption. 3. The hearing on a petition submitted pursuant to subsection 2 must be held on the same date as the hearing on the petition for adoption. Any interested party is entitled to participate in the hearing. The clerk of the court shall give written notice of the time and place of the hearing to the prospective adoptive parent, the adoptive child, a sibling of the adoptive child, the attorney for the adoptive child or a sibling of the adoptive child and the agency which provides child welfare services. Upon the petition of a sibling requesting the inclusion of an order for visitation in the order of adoption, the court may require the agency which provides child welfare services to provide the clerk of the court with the contact information of the prospective adoptive parent, the adoptive child and the attorney for the adoptive child. If so ordered, the agency which provides child welfare services must provide such contact information under seal. 4. The sole consideration of the court in making a determination concerning visitation with a sibling pursuant to this section is the best interest of the child. If a petition is submitted pursuant to subsection 2, the court must not enter an order of adoption until the court has made a determination concerning visitation with a sibling. 5. If an order for visitation with a sibling is included in an order of adoption, the court shall, upon the request of a party to the order, provide to the party the case number of the adoption proceeding and any documents or records necessary to enforce, modify or terminate the order. 6. A party to an order for visitation may petition for enforcement of the order at any time while the order is in effect. A person who fails to comply with the order is in contempt of court. If a party to an order for visitation withholds the contact information of any person in violation of the order, the court may order the agency which provides child welfare services to provide such contact information to the court under seal.

Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-127B.htmlFetched: 10/4/2026