Section 432B.594 - [Effective on the earlier of 7/1/2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to] Participation in Program: Eligibility; termination of participation; written agreement between agency which provides child welfare services and young adult; resolution of dispute between agency and young adult; rights of young adult to services and payments while participating in Program1. To be eligible to participate in the Program, a young adult must: (a) Enter into a written agreement with the agency that provides child welfare services that satisfies the requirements prescribed in subsection 3;(b) Be: (1) Enrolled in a program of secondary education or an educational program leading to a general educational development certificate or an equivalent document; (2) Enrolled in a program of postsecondary or vocational education;(3) Enrolled or participating in a program or activity designed to promote employment or remove obstacles to employment;(4) Employed at least 80 hours per month; or(5) Incapable of satisfying any of the requirements prescribed in paragraphs (1) to (4), inclusive, due to a documented medical or cognitive condition; and(c) Make a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595.2. Except as otherwise provided in this section, a young adult may continue to participate in the Program until: (a) The agency which provides child welfare services, the young adult and the attorney of the young adult agree to terminate participation in the Program;(b) The court determines that: (1) The young adult has achieved the goals set forth in the plan developed pursuant to NRS 432B.595;(2) The young adult is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to NRS 432B.595; or(3) The circumstances of the young adult have changed in such a manner that it is infeasible for the young adult to achieve the goals set forth in the plan developed pursuant to NRS 432B.595;(c) The young adult requests that participation in the Program be terminated; or(d) The young adult reaches the age of 21 years, whichever occurs first.
3. The written agreement to participate in the Program required by subsection 1 must be filed with the court and must include, without limitation, provisions which specify that: (a) The young adult voluntarily requested to participate in the Program;(b) While participating in the Program, the young adult is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not exceed the rate of payment for foster care;(c) While participating in the Program, the young adult will no longer be under the legal custody of the agency which provides child welfare services, and any proceedings conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;(d) The young adult may, at any time, request that his or her participation in the Program be terminated; and(e) If there is an issue concerning the participant, the participant and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.4. If an issue arises concerning a participant, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the participant and the agency which provides child welfare services must attempt to resolve the issue.5. If the agency which provides child welfare services wishes to terminate the participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the participant and his or her attorney that the participant has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the participant or the attorney of the participant may request a hearing before the court pursuant to subsection 4. If the young adult and the attorney of the young adult agree to terminate participation or do not request an informal administrative review, participation in the Program must terminate upon notice to the court by the agency which provides child welfare services.6. A participant is entitled to continue to receive services and monetary payments from the agency which provides child welfare services in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self-sufficiency which does not exceed the rate of payment for foster care.7. The court may issue any order which it deems appropriate or necessary to ensure: (a) That the agency which provides child welfare services provides the services and monetary payments which the participant is entitled to receive as prescribed by the plan developed pursuant to NRS 432B.595; and(b) That the participant is working towards achieving the goals of the plan developed pursuant to NRS 432B.595.Added to NRS by 2011, 250; A 2021, 2731, effective January 1, 2024Amended by 2023, Ch. 379,§1, eff. 6/12/2023.Amended by 2021, Ch. 419,§33, eff. on the earlier of 7/1/2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the provisions of those sections and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.Added to NRS by 2011, 250This section is set out more than once due to postponed, multiple, or conflicting amendments.