Section 127.420 - Approval of prospective adoptive parents; denial of application to adopt; applicants convicted of crime1. To be approved as a prospective adoptive parent, the applicant must demonstrate the capacity to be a parent and to meet the needs of an adopted child, including the ability to:(a) Provide the child with conditions and opportunities to promote the healthy personality growth and development of the potential of the child;(b) Assume responsibility for the safety, care, support, education and character development of the child; and(c) Offer a reasonably happy and secure family life with love, understanding, guidance and companionship.2. An application to adopt must be denied if:(a) The applicant has submitted false information or has withheld information relevant to the study of his or her home.(b) The applicant refuses or fails to provide information requested by the agency which provides child welfare services within the period established by the agency.(c) Two persons are jointly applying to adopt a child and the persons are not legally married to each other.(d) The marriage of two persons legally married to each other who are jointly applying to adopt a child is determined by the agency which provides child welfare services to be unstable.(e) The applicant is married and the spouse has not joined in the application.(f) The size of the housing of the applicant is inadequate to accommodate an additional child.(g) The living conditions of the home of the applicant are inadequate and could be hazardous to the health of the child.(h) The applicant has not demonstrated financial responsibility and sound management of his or her finances.(i) The applicant has not adequately prepared to provide ongoing physical and emotional care to the child.(j) The agency which provides child welfare services has, based on its evaluation of the applicant, concerns relating to the applicant's moral character, mental stability or motivation for adopting a child.(k) Except as otherwise provided in subsection 3, the agency which provides child welfare services determines that, based upon a substantiated investigation, the applicant or a member of the applicant's household who is 18 years of age or older:(1) Has been convicted of a crime involving harm to a child;(2) Has charges pending against him or her for a crime involving harm to a child; or(3) Has been arrested and is awaiting final disposition of the charges pending against him or her for a crime involving harm to a child.(l) The applicant or a member of the applicant's household who is 18 years of age or older has charges pending against him or her for a felony conviction involving, or has been arrested and is awaiting final disposition of possible or pending charges against him or her involving:(1) Child abuse or neglect;(3) Any crime against children, including child pornography;(4) Any crime involving violence, including rape, sexual assault or homicide, but not including any other physical assault or battery; or(5) Physical assault, battery or a drug-related offense, if the assault, battery or drug-related offense was committed within the last 5 years.(m) The agency which provides child welfare services has concerns and reasonable doubts, based on any other relevant information, about the safety or well-being of the child, if the child is placed with the applicant.3. An agency which provides child welfare services shall not, without the approval of the Administrator of the Division or the designee of the Administrator, assist in the adoption of a child by a person who the agency determines has been convicted of one or more felonies, gross misdemeanors or misdemeanors. The Administrator of the Division or the designee of the Administrator shall not approve such an adoption if the applicant has been convicted of a felony described in paragraph (l) of subsection 2. If an agency which provides child welfare services recommends such an adoption, the agency shall submit to the Administrator of the Division or the designee of the Administrator a complete record and explanation of the situation. An agency which provides child welfare services may, without submitting the matter to the Administrator of the Division or the designee, deny an application by such a person to adopt a child.4. The agency which provides child welfare services shall notify the applicant in writing when the application has been approved or denied. If the application is denied, the notice must include the reason for the denial.Nev. Admin. Code § 127.420
Added to NAC by Div. of Child & Fam. Services by R056-02, eff. 7-30-2002