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Panel weighs bill to let parents register guardian nominations in Nevada "lockbox" for immigration-related separations

2712626 · March 20, 2025
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Summary

Assembly Bill 460, presented to the Assembly Judiciary Committee, would let parents file a form with the Secretary of State to nominate a temporary guardian for a minor and authorize courts, hospitals and law-enforcement agencies to access that "Nevada lockbox" when needed.

Assembly Bill 460, presented to the Assembly Judiciary Committee, would let parents file a form with the Secretary of State to nominate a temporary guardian for a minor and authorize courts, hospitals and law-enforcement agencies to access that "Nevada lockbox" when needed. The bill also creates a presumption that temporary guardianship is in the child's best interest when no parent has care, custody or control because of separation caused by a federal immigration order, and expands eligibility for supportive assistance to certain relatives who obtain legal guardianship.

Assemblymember Cecilia Gonzales, the bill sponsor, said the measure is designed to keep children with trusted caregivers and prevent unnecessary foster-care placements when parents are suddenly detained or deported. "When a parent is taken away, their child can be left in legal limbo," Gonzales said. "AB 460 is practical and ensures that parents can plan for their child in the event of separation."

The bill requires the Secretary of State to make the nomination form available on its website and authorizes a secure lockbox where the form may be filed. The form would not itself create immediate guardianship authority: the person nominated must still file a petition and obtain a court appointment before exercising guardianship powers, presenters said. An amendment posted to the bill deletes a provision that would have allowed the Secretary of State to charge a fee to register the documents, while keeping authority to accept gifts and grants. The amendment also removes a proposed appropriation to the Department of Education.

Jonathan Norman of the Nevada Coalition of Legal Service Providers, who worked with the bill's drafters and the Nevada Guardianship Commission, said the language creating a presumption of temporary guardianship will be refined because a presumption can be a "very strong thing" in certain family situations. "We anticipate an amendment to meet the needs of these families a little tighter," Norman said.

Committee members asked for practical clarifications. Assemblymember Will Cole questioned whether witnesses on the form must personally know the signer and suggested notary-line formatting changes to ease execution; Norman and the sponsor said they would consult stakeholders and adjust the drafting. Assemblymember LaRue Hatch asked whether the Secretary of State would advertise the program and make the form available in multiple languages; Gabriel De Cara, chief deputy secretary of state, said the office works with community stakeholders and outreach partners and would consider appropriate partnerships to publicize the service.

Norman also explained how temporary guardianship operates under existing Nevada provisions: initial temporary guardianships can last 10 days with hearings required to extend them, extensions may be authorized in increments (for example two 60-day extensions were cited) and, if parents remain unavailable, the temporary guardian would need to file for a permanent guardianship. He emphasized that a permanent guardianship does not terminate parental rights; parents can later petition to terminate the guardianship if circumstances change.

Support for the bill included the Secretary of State's office (which said it historically has not charged for the lockbox and supports the bill's amendment removing fee authority), Clark County and other community stakeholders. Jeff Rogan of Clark County told the committee the bill "would have a positive impact in reducing the number of children who are entering the child welfare system" when a parent is unavailable.

No opponents testified in the hearing transcript. Committee members did not vote on the bill at the hearing; committee staff indicated the bill will be refined with stakeholder amendments and may return for further action.