NAC127.460. Legal-risk placement of child.

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

     (a) The 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 agency or the 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 agency which provides child welfare services 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 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 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 to petition the court for the adoption of the child, without the consent of the agency; and

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

     3. An agency which provides child welfare services 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. An agency which provides child welfare services 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.

     (Added to NAC by Div. of Child & Fam. Services by R056-02, eff. 7-30-2002)