Nevada § 432B.590 - Annual hearing concerning permanent placement of child; review of certain information relating to placement of child; court to prepare explicit statement of facts; court authorized to review any decision of agency with legal custody of child; when presumption that best interests of child will be served by termination of parental rights arises

§ 432B.590. Annual hearing concerning permanent placement of child; review of certain information relating to placement of child; court to prepare explicit statement of facts; court authorized to review any decision of agency with legal custody of child; when presumption that best interests of child will be served by termination of parental rights arises

1. Except as otherwise provided in subsection 2 and NRS 432B.513 , the court shall hold a hearing concerning the permanent placement of a child: (a) Not later than 12 months after the initial removal of the child from the home

of the child and annually thereafter. (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393 . Notice of this hearing must be filed with the court and must be given by first-class

mail or any other means agreed upon in writing between the agency which provides child

welfare services and the recipient of the notice to all the persons to whom notice

must be given pursuant to subsection 6 of NRS 432B.580 . 2. A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section. 3. The court may require the presence of the child at the hearing and shall provide

to each person to whom notice was given pursuant to subsection 1 a right to be heard

at the hearing. 4. At the hearing, the court shall review the report submitted by the agency which

provides child welfare services pursuant to subsection 2 of NRS 432B.580 , any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and any other relevant evidence and, if the goal of the plan is a permanent living

arrangement other than reunification with his or her parents, placement for adoption,

placement with a legal guardian or placement with a relative, ask the child about

his or her desired permanent living arrangement. After doing so, the court must determine, based on a preponderance of the evidence: (a) Whether the agency with legal custody of the child has made the reasonable efforts

required by subsection 1 of NRS 432B.553 ; (b) Whether, and if applicable when: (1) The child should be returned to the parents of the child or placed with other

relatives; (2) It is in the best interests of the child to: (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; (II) Initiate proceedings to establish a guardianship pursuant to chapter 159A of NRS ; or (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468 , inclusive; or (3) The agency with legal custody of the child has produced documentation of its conclusion

that there is a compelling reason for the placement of a child who has attained the

age of 16 years in another permanent living arrangement; (c) If the child will not be returned to the parents of the child, whether the agency

with legal custody of the child fully considered placement options both within and

outside of this State; (d) If the child has attained the age of 14 years, whether the child will receive

the services needed to assist the child in transitioning to independent living; and (e) If the child has been placed outside of this State, whether the placement outside

of this State continues to be appropriate for and in the best interests of the child. 5. The court shall prepare an explicit statement of the facts upon which each of its

determinations is based pursuant to subsection 4. If the court determines that it is not in the best interests of the child to be

returned to his or her parents, or to be placed for adoption, with a legal guardian

or with a relative, the court must include compelling reasons for this determination

and an explanation of those reasons in its statement of the facts. 6. If the court determines that it is in the best interests of the child to terminate

parental rights, the court shall use its best efforts to ensure that the procedures

required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination,

including, without limitation, appointing a private attorney to expedite the completion

of the procedures. 7. The provisions of this section do not limit the jurisdiction of the court to review

any decisions of the agency with legal custody of the child regarding the permanent

placement of the child. 8. If a child has been placed outside of the home and has resided outside of the home

pursuant to that placement for 14 months of any 20 consecutive months, the best interests

of the child must be presumed to be served by the termination of parental rights. 9. This hearing may take the place of the hearing for review required by NRS 432B.580 . 10. If a hearing pursuant to this section concerns a child who has been placed in

a qualified residential treatment program, the hearing must include, without limitation,

a review of that placement conducted in the manner prescribed by NRS 432B.575 . 11. The provision of notice and a right to be heard pursuant to this section does

not cause any person planning to adopt the child, any sibling of the child or any

other relative, any adoptive parent of a sibling of the child or a provider of foster

care to become a party to the hearing.