Section 432B.580 - Semiannual review of placement of child; report by agency acting as custodian of child; visitation between child and siblings; hearing to review placement1. Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes: (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.(b) Information concerning the placement of the child in relation to the child's siblings, including, without limitation: (1) Whether the child was placed together with the siblings;(2) Any efforts made by the agency to have the child placed together with the siblings;(3) Any actions taken by the agency to ensure that the child has contact with the siblings; and(4) If the child is not placed together with the siblings:(I) The reasons why the child is not placed together with the siblings; and(II) A plan for the child to visit the siblings, which must be presented at the first hearing to occur after the siblings are separated and approved by the court. The plan for visitation must be updated as necessary to reflect any change in the placement of the child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.(c) Information concerning the child's education, including: (1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;(2) The grade and school in which the child is enrolled;(3) The name of each school the child attended before enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;(4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;(5) A copy of any individualized education program developed for the child;(6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;(7) A summary of any special education services received by the child;(8) A copy of the most recent report card of the child;(9) A statement of the number of credits earned by the child during the most recent semester, if applicable;(10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;(11) The scores the child received on any academic assessments or standardized examinations administered to the child; (12) Any information provided by the educational decision maker appointed for the child pursuant to NRS 432B.462; and(13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request.(d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.3. Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.4. After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. Upon the issuance of such an order, the court shall provide each sibling of the child with the case number of the proceeding for the purpose of allowing the sibling to petition the court for visitation or enforcement of the order for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.5. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.6. Except as otherwise provided in subsection 7 and subsection 5 of NRS 432B.520, notice of the 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:(a) All the parties to any of the prior proceedings;(b) Any persons planning to adopt the child;(c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any;(d) Any other relatives of the child or providers of foster care who are currently providing care to the child; and(e) The educational decision maker appointed for the child pursuant to NRS 432B.462.7. The notice of the hearing required to be filed and given pursuant to subsection 6:(a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;(b) Must not include any confidential information described in NRS 127.140;(c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040; and(d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.8. The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.9. The court or panel shall, after considering the report provided in subsection 2 and any other relevant evidence, determine based on a preponderance of the evidence: (a) The continuing necessity for and appropriateness of the placement;(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship; and(e) Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.10. If the child is placed in a qualified residential treatment program, the determination pursuant to paragraph (a) of subsection 9 must include, without limitation, a finding on each factor prescribed by subsection 4 of 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.12. As used in this section, "individualized education program" has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).Added to NRS by 1985, 1384; A 1991, 1360; 1999, 2041; 2001, 1263, 1704; 2005, 2098; 2011, 146, 2665; 2013, 239; 2015, 1523; 2017, 677, 1985, 3113, 3132; 2019, 259; 2021, 2241; 2023, 2337Amended by 2023, Ch. 397,§50, eff. 10/1/2023.Amended by 2021, Ch. 376,§11, eff. 10/1/2021.Amended by 2019, Ch. 53,§3, eff. 7/1/2019.Amended by 2017, Ch. 491,§3, eff. 7/1/2018.Amended by 2017, Ch. 488,§13.5, eff. 7/1/2017.Amended by 2017, Ch. 330,§1, eff. 7/1/2017.Amended by 2015, Ch. 301,§2, eff. 10/1/2015.Amended by 2013, Ch. 66,§3, eff. 10/1/2013.Added to NRS by 1985, 1384; A 1991, 1360; 1999, 2041; 2001, 1263, 1704; 2005, 2098; 2011, 146, 2665