Placement of Children With Relatives - Nevada

Date: September 2022

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 128.110; 432B.550; 432B.0657

If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child, may give preference to the placement of the child with any person related within the fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State. Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of their home.

In determining the placement of a child, if the child is not permitted to remain in the custody of the parents or guardian of the child, preference must be given to placing the child in the following order:

  • With any person who is related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State
  • In a licensed foster home

The term 'fictive kin' means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

Requirements for Placement with Relatives

Citation: Ann. Stat. §§ 128.110; 422A.650

The agency must determine whether the relative is suitable and able to provide proper care and guidance for the child.

The Department of Health and Human Services shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children. As a condition to the provision of any supportive assistance pursuant to this section:

  • The child must meet the following criteria:
    • Have been placed in the care of their qualifying relative for no less than 6 months
    • If they are age 14 or older, consent to the legal guardianship
  • The qualifying relative must meet the following criteria:
    • Reside in this State
    • Have attained the minimum age specified in department regulation
    • Verify their relationship to the child
    • File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court

Within the limitations of available funding, the supportive assistance must include the following:

  • Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship
  • Payments of not more than the amount that the department would provide to a foster parent if the child had been placed in foster care
  • Assistance with child care, respite care, and transportation
  • Any other assistance the department deems appropriate

Requirements for Placement of Siblings

Citation: Ann. Stat. §§ 127.2825; 128.110; 432B.390; 432B.550

A child-placing agency shall, to the extent practicable, give preference to the placement of a child for adoption or permanent guardianship together with their siblings.

If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child, shall give preference to the placement of the child together with their siblings, if practicable.

Whenever possible, a child placed in protective custody must be placed together with any siblings of the child.

In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of their parents or guardian, it must be presumed to be in the best interests of the child to be placed together with their siblings.

Relatives Who May Adopt

Citation: Ann. Stat. § 127.120

A relative is a person related to the child through blood, marriage, or adoption within the third degree of relation.

Requirements for Adoption by Relatives

Citation: Ann. Stat. § 127.120

If one petitioner or the spouse of a petitioner is related to the child within the third degree of relation, the court may, at its discretion, waive the preplacement investigation by the agency that provides child welfare services.

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