Nev. Admin. Code § 127.257

Current through October 11, 2024

Section 127.257 - Legal-risk placement of child

1. If the parental rights of the parents of a child in the custody of a child-placing agency have not been relinquished or terminated, the child-placing agency may consider a legal-risk placement if:

(a) The child-placing agency has determined that grounds for the termination of parental rights pursuant to chapter 128 of NRS exist, pending a determination by a court;

(b) A parent of that child has relinquished custody of the child to the child-placing agency or the child-placing agency has been given custody of the child pursuant to a court order; and

(c) The other relatives of the child have been eliminated as possible adoptive parents for that child.

2. Before the child-placing agency places a child with a prospective adoptive family in a placement that is considered to be a legal-risk placement, the prospective adoptive parent must agree to:

(a) Accept a child who may be returned to the home of the biological parent;

(b) Work toward the return of the child to his or her biological family if attempts to terminate the parental rights of the biological parent are unsuccessful;

(c) Maintain an attitude of acceptance toward the biological parent;

(d) Work in cooperation with the child-placing agency and the plan established by the agency, even if the long-term goal of the plan ceases to be the adoption of that child;

(e) Observe the priorities set forth by the child-placing agency concerning the placement of children and the rights of biological parents;

(f) Take no independent actions to terminate the parental rights of the biological parent of the child or petition the court for the adoption of the child, without the consent of the child-placing agency; and

(g) Become licensed as a foster home, if necessary, and comply with the requirements of that licensing.

3. A child-placing agency shall aggressively pursue the legal termination of the parental rights of the biological parent of a child who is placed in a legal-risk placement.

4. A child-placing agency shall:

(a) Inform the prospective adoptive parent of the progress or problems, if any, in terminating the parental rights of the biological parent; and

(b) Involve the prospective adoptive parent in all plans developed for that child.

Nev. Admin. Code § 127.257

Added to NAC by Div. of Child & Fam. Services, eff. 5-14-96

NRS 127.230