NRS: CHAPTER 424 - FOSTER HOMES FOR CHILDREN

[Rev. 1/16/2013 11:30:16 AM--2012R2]

CHAPTER 424 - FOSTER HOMES FOR CHILDREN

GENERAL PROVISIONS

NRS 424.010 Definitions.

NRS 424.012 “Division” defined.

NRS 424.013 “Family foster home” defined.

NRS 424.0135 “Foster care agency” defined.

NRS 424.014 “Foster home” defined.

NRS 424.015 “Group foster home” defined.

NRS 424.016 “Licensing authority” defined.

NRS 424.017 “Provider of family foster care” defined.

NRS 424.018 “Specialized foster home” defined.

NRS 424.019 Regulations relating to foster child who is enrolled in elementary school.

FOSTER HOMES

NRS 424.020 Regulations concerning licensure; minimum standards and rules for regulation of family foster homes, specialized foster homes and group foster homes.

NRS 424.030 Licensing; regulations.

NRS 424.031 Licensing authority or designee to investigate background of applicant for license, licensee, prospective employee and certain adult residents of foster home; charge for investigation; periodic additional investigations.

NRS 424.033 Person investigated to supply fingerprints; child abuse and neglect screening; exchange of information; report from Federal Bureau of Investigation; actions of licensing authority upon receipt of report.

NRS 424.0335 Termination of employee or removal of resident convicted of certain crimes; correction of information concerning conviction.

NRS 424.034 Maintenance of certain records concerning employees and residents.

NRS 424.036 Consultation with applicant for license to conduct family foster home.

NRS 424.0365 Licensee of specialized or group foster home to ensure training of employees who have direct contact with children; regulations.

NRS 424.0367 Licensee to develop and implement plan for care of children during disaster.

NRS 424.037 Consultation with provider of family foster care to explain plan for provision of care for child; addressing concerns of health, safety or care of child.

NRS 424.038 Consultation with provider of family foster care to ensure health and safety of child; release of information to provider of family foster care; confidentiality of information obtained; regulations.

NRS 424.0383 Licensee to obtain explanation of need for and effect of medication prescribed for child; licensing authority to receive copy of explanation.

NRS 424.0385 Licensee of specialized foster home or group foster home to adopt certain policies relating to medical care and medications for children; employees to receive copy of policy.

NRS 424.039 Licensing authority or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of foster home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints.

NRS 424.040 Inspection.

NRS 424.045 Procedure for hearing grievances related to license to conduct family foster home: Regulations; representation by legal counsel.

NRS 424.047 Access by provider of family foster care to information maintained by licensing authority concerning provider.

NRS 424.050 Investigation of unlicensed foster home; action by licensing authority.

NRS 424.060 Removal of child from undesirable foster home.

NRS 424.070 Placement of child for care or adoption; approval by Division or its designee.

NRS 424.075 Right of provider of family foster care to refuse to accept placement of child and to request removal of child.

NRS 424.077 Regulations for establishment of program to provide respite to provider of family foster care; program to provide respite, training and support to provider of family foster care.

NRS 424.079 Visitation of child by provider of family foster care after child leaves care of provider.

NRS 424.080 Transfer of parental rights and duties prohibited; exception for termination by order of district court.

NRS 424.085 Person licensed to conduct foster home immune from liability for certain acts of child in care of person.

NRS 424.090 Exemption from provisions of chapter.

FOSTER CARE AGENCIES

NRS 424.093 Regulations concerning licensure; minimum standards for regulation of foster care agencies.

NRS 424.094 Licensing; fees.

NRS 424.095 License; application; renewal.

NRS 424.096 License; denial of application; refusal to renew; procedure.

NRS 424.097 Licensed foster care agency authorized to provide certain assistance to agency which provides child welfare services.

PENALTIES

NRS 424.100 Penalty.

_________

GENERAL PROVISIONS

NRS 424.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.018, inclusive, have the meanings ascribed to them in those sections.

[Part 1:185:1939; 1931 NCL § 1061]—(NRS A 1961, 739; 1971, 1452; 1973, 1164; 1993, 2695; 1995, 1788; 2001 Special Session, 23; 2009, 1487)

NRS 424.012 “Division” defined. “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

(Added to NRS by 1993, 2695)

NRS 424.013 “Family foster home” defined. “Family foster home” means a family home in which one to six children who are under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594 and who are not related within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of permanent free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.

(Added to NRS by 1993, 2695; A 2001 Special Session, 23; 2011, 242)

NRS 424.0135 “Foster care agency” defined. “Foster care agency” means a nonprofit corporation, for-profit corporation or sole proprietorship that assists an agency which provides child welfare services in the placement of children in foster care.

(Added to NRS by 2009, 1485)

NRS 424.014 “Foster home” defined. “Foster home” includes a family foster home, specialized foster home and group foster home.

(Added to NRS by 1993, 2695; A 2009, 1487)

NRS 424.015 “Group foster home” defined. “Group foster home” means a natural person, partnership, firm, corporation or association who provides full-time care for 7 to 15 children who are:

1. Under 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;

2. Not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and

3. Received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.

(Added to NRS by 1993, 2695; A 2001 Special Session, 23; 2011, 242)

NRS 424.016 “Licensing authority” defined. “Licensing authority” means:

1. In a county whose population is 100,000 or more, the agency which provides child welfare services, as defined in NRS 432B.030; and

2. In a county whose population is less than 100,000, the Division.

(Added to NRS by 2001 Special Session, 23)

NRS 424.017 “Provider of family foster care” defined. “Provider of family foster care” means a person who is licensed to conduct a family foster home pursuant to NRS 424.030.

(Added to NRS by 1995, 1786; A 2001 Special Session, 23)

NRS 424.018 “Specialized foster home” defined. “Specialized foster home” means a family home which provides full-time care and services for one to six children who:

1. Require special care for physical, mental or emotional issues;

2. Are under 21 years of age;

3. Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home;

4. Are received, cared for and maintained for compensation; and

5. Are in the custody of and placed in the home by an agency which provides child welfare services.

(Added to NRS by 2009, 1486)

NRS 424.019 Regulations relating to foster child who is enrolled in elementary school. The Division shall adopt regulations to ensure:

1. That a school district is informed when a foster child is enrolled in an elementary school within the school district so that the elementary school may prepare an academic plan for the child as required pursuant to NRS 388.155.

2. That the licensing authority receives a copy of an academic plan prepared for a foster child pursuant to NRS 388.155, 388.165 or 388.205.

(Added to NRS by 2011, 2665)

FOSTER HOMES

NRS 424.020 Regulations concerning licensure; minimum standards and rules for regulation of family foster homes, specialized foster homes and group foster homes.

1. The Division, in consultation with each licensing authority in a county whose population is 100,000 or more, shall adopt regulations to:

(a) Establish procedures and requirements for the licensure of family foster homes, specialized foster homes and group foster homes; and

(b) Monitor such licensure.

2. The Division, in cooperation with the State Board of Health and the State Fire Marshal, shall:

(a) Establish reasonable minimum standards for family foster homes, specialized foster homes and group foster homes.

(b) Prescribe rules for the regulation of family foster homes, specialized foster homes and group foster homes.

3. All family foster homes, specialized foster homes and group foster homes licensed pursuant to this chapter must conform to the standards established and the rules prescribed in subsection 2.

[Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 908; 1967, 1154; 1973, 1165, 1406; 1993, 2696; 2001 Special Session, 23; 2009, 1487)

NRS 424.030 Licensing; regulations.

1. No person may conduct a family foster home, a specialized foster home or a group foster home without receiving a license to do so from the licensing authority.

2. No license may be issued to a family foster home, a specialized foster home or a group foster home until a fair and impartial investigation of the home and its standards of care has been made by the licensing authority or its designee.

3. Any family foster home, specialized foster home or group foster home that conforms to the established standards of care and prescribed rules must receive a regular license from the licensing authority, which may be in force for 2 years after the date of issuance. On reconsideration of the standards maintained, the license may be renewed upon expiration.

4. If a family foster home, a specialized foster home or a group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home, specialized foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.

5. The license must show:

(a) The name of the persons licensed to conduct the family foster home, specialized foster home or group foster home.

(b) The exact location of the family foster home, specialized foster home or group foster home.

(d) If the license is a special license issued pursuant to subsection 4, the name of the child or children for whom the family foster home, specialized foster home or group foster home is licensed to provide care.

6. No family foster home, specialized foster home or group foster home may receive for care more children than are specified in the license.

7. In consultation with each licensing authority in a county whose population is 100,000 or more, the Division may adopt regulations regarding the issuance of provisional and special licenses.

[Part 1:185:1939; 1931 NCL § 1061] + [Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 909; 1965, 328; 1967, 1154; 1973, 1165, 1406; 1975, 76; 1993, 2696; 1995, 1788; 2001 Special Session, 24; 2009, 1488)

1. The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for or convicted of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any other felony involving the use of a firearm or other deadly weapon;

(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

(e) Abuse or neglect of a child or contributory delinquency;

(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(g) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

2. The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

3. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.

4. The licensing authority or its designee shall conduct an investigation of each employee and resident pursuant to this section at least once every 5 years after the initial investigation.

(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session, 25; 2011, 243, 3545)

1. Each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, or resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, must submit to the licensing authority or its approved designee:

(a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031; and

(b) Written permission to conduct a child abuse and neglect screening.

2. For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.

3. The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

4. The Division shall assist the licensing authority of another state that is conducting a child abuse and neglect screening of a person who has resided in this State by providing information which is necessary to conduct the screening if the person who is the subject of the screening has signed a written permission authorizing the licensing authority to conduct a child abuse and neglect screening. The Division may charge a fee for providing such information in an amount which does not exceed the actual cost to the Division to provide the information.

5. When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.

6. Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been convicted of a crime listed in NRS 424.031.

7. The licensing authority shall immediately inform the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home whether an employee or resident of the foster home has been convicted of a crime listed in NRS 424.031.

8. The licensing authority may deny an application for a license to operate a foster home or may suspend or revoke such a license if the licensing authority determines that the applicant or licensee has been convicted of a crime listed in NRS 424.031 or has failed to terminate an employee or remove a resident of the foster home who is 18 years of age or older and has been convicted of any crime listed in NRS 424.031.

(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session, 25; 2009, 515; 2011, 243, 3546)

NRS 424.0335 Termination of employee or removal of resident convicted of certain crimes; correction of information concerning conviction.

1. Upon receiving information from the licensing authority or its designee pursuant to NRS 424.033 or evidence from any other source that an employee of an applicant for a license to conduct a foster home or a person who is licensed to conduct a foster home or a resident of an applicant or licensee who is 18 years of age or older has been convicted of a crime listed in NRS 424.031, the applicant or licensee shall terminate the employment of the employee or remove the resident from the foster home after allowing the employee or resident time to correct the information as required pursuant to subsection 2.

2. If an employee or resident believes that the information provided pursuant to subsection 1 is incorrect, the employee or resident must inform the applicant or licensee immediately. An applicant or licensee that is so informed shall give the employee or resident 30 days to correct the information.

3. During the period in which an employee or resident seeks to correct information pursuant to subsection 2, it is within the discretion of the applicant or licensee whether to allow the employee or resident to continue to work for or reside at the foster home, as applicable, except that the employee or resident shall not have contact with a child in the foster home without supervision during any such period.

(Added to NRS by 2011, 3544)

NRS 424.034 Maintenance of certain records concerning employees and residents.

1. Each applicant for a license to conduct a foster home and each person licensed to conduct a foster home shall maintain records of the information concerning its employees and any residents of the foster home who are 18 years of age or older that is collected pursuant to NRS 424.031, 424.033 and 424.0335, including, without limitation:

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History and a copy of the written authorization that was provided by the employee or resident;

(b) Proof that the fingerprints of the employee or resident were submitted to the Central Repository; and

2. The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employee’s employment with or resident’s presence at the foster home; and

(b) Made available for inspection by the licensing authority or its approved designee at any reasonable time, and copies thereof must be furnished to the licensing authority upon request.

(Added to NRS by 2011, 3544)

NRS 424.036 Consultation with applicant for license to conduct family foster home. Before issuing a license to conduct a family foster home pursuant to NRS 424.030, the licensing authority shall discuss with the applicant and, to the extent possible, ensure that the applicant understands:

1. The role of a provider of family foster care, the licensing authority and the members of the immediate family of a child placed in a family foster home; and

2. The personal skills which are required of a provider of family foster care and the other residents of a family foster home to provide effective foster care.

(Added to NRS by 1995, 1787; A 2001 Special Session, 25)

NRS 424.0365 Licensee of specialized or group foster home to ensure training of employees who have direct contact with children; regulations.

1. A licensee that operates a specialized foster home or a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within 30 days after employment and annually thereafter. Such training must include, without limitation, instruction concerning:

(a) Controlling the behavior of children;

(b) Policies and procedures concerning the use of force and restraint on children;

(d) Suicide awareness and prevention;

(e) The administration of medication to children;

(f) Applicable state and federal constitutional and statutory rights of children in the home;

(g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the home; and

(h) Such other matters as required by the licensing authority or pursuant to regulations of the Division.

2. The Division shall adopt regulations necessary to carry out the provisions of this section.

(Added to NRS by 2007, 1189; A 2009, 1489)

NRS 424.0367 Licensee to develop and implement plan for care of children during disaster.

1. A licensee that operates a foster home shall develop and implement a plan for the care of children in the foster home during a disaster. The plan must be developed and implemented in accordance with the plans and regulations adopted pursuant to NRS 432.400, 432.410 and 432.420.

2. As used in this section, “disaster” has the meaning ascribed to it in NRS 432.400.

(Added to NRS by 2011, 1775)

NRS 424.037 Consultation with provider of family foster care to explain plan for provision of care for child; addressing concerns of health, safety or care of child.

1. Before placing a child with a provider of family foster care, the licensing authority shall inform the provider of the plans, if any, which the licensing authority has developed relating to the provision of care required for that child. If the plan for the child changes, the licensing authority shall inform the provider of family foster care of the changes and the reasons for those changes.

2. The licensing authority shall consult with a provider of family foster care concerning the care to be provided to a child placed with the provider, including appropriate disciplinary actions that may be taken.

3. If issues concerning the health, safety or care of a child occur during the placement of the child with a provider of family foster care, the licensing authority shall:

(a) Consider the daily routine of the provider when determining how to respond to those issues; and

(b) To the extent possible, respond to those issues in a manner which is the least disruptive to that daily routine, unless that response would not be in the best interest of the child.

(Added to NRS by 1995, 1787; A 2001 Special Session, 25)

1. Before placing, and during the placement of, a child in a family foster home, the licensing authority shall provide to the provider of family foster care such information relating to the child as is necessary to ensure the health and safety of the child and the other residents of the family foster home. This information must include the medical history and previous behavior of the child to the extent that such information is available.

2. The provider of family foster care may, at any time before, during or after the placement of the child in the family foster home, request information about the child from the licensing authority. After the child has left the care of the provider, the licensing authority shall provide the information requested by the provider, unless the information is otherwise declared to be confidential by law or the licensing authority determines that providing the information is not in the best interests of the child.

3. The provider of family foster care shall maintain the confidentiality of information obtained pursuant to this section under the terms and conditions otherwise required by law.

4. The Division shall adopt regulations specifying the procedure and format for the provision of information pursuant to this section, which may include the provision of a summary of certain information. If a summary is provided pursuant to this section, the provider of family foster care may also obtain the information set forth in subsections 1 and 2.

(Added to NRS by 1995, 1787; A 2001, 1838; 2001 Special Session, 26; 2003, 236)

NRS 424.0383 Licensee to obtain explanation of need for and effect of medication prescribed for child; licensing authority to receive copy of explanation.

1. A licensee that operates a foster home who obtains a prescription for medication for a child that has been placed in the foster home shall request the physician or other medical professional who prescribes the medication to provide a written explanation about the need for the medication and the effect of the medication on the child.

2. The licensee shall provide to the licensing authority a copy of any explanation about prescription medication received pursuant to subsection 1.

(Added to NRS by 2011, 2665)

NRS 424.0385 Licensee of specialized foster home or group foster home to adopt certain policies relating to medical care and medications for children; employees to receive copy of policy.

1. A licensee that operates a specialized foster home or a group foster home shall adopt a policy concerning the manner in which to:

(a) Document the orders of the treating physician of a child;

(b) Administer medication to a child;

(d) Document the administration of medication and any errors in the administration of medication;

(e) Minimize errors in the administration of medication; and

(f) Address errors in the administration of medication.

2. The licensee shall ensure that each employee of the specialized foster home or group foster home who will administer medication to a child at the specialized foster home or group foster home receives a copy of and understands the policy adopted pursuant to subsection 1.

(Added to NRS by 2011, 1361)

1. A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for or convicted of any crime.

2. Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

3. If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.

(Added to NRS by 2003, 649; A 2011, 243)

NRS 424.040 Inspection. A licensing authority or its designee shall visit every licensed family foster home, specialized foster home and group foster home as often as necessary to ensure that proper care is given to the children.

[Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 909; 1967, 1154; 1973, 1166, 1406; 1993, 2698; 2001 Special Session, 26; 2009, 1489)

NRS 424.045 Procedure for hearing grievances related to license to conduct family foster home: Regulations; representation by legal counsel.

1. The Division shall establish, by regulation, a procedure for hearing grievances related to the reissuance, suspension or revocation of a license to conduct a family foster home.

2. A provider of family foster care may be represented by legal counsel in any proceeding related to:

(a) The reissuance, suspension or revocation of the license of the provider to conduct a family foster home; and

(b) The care given to a child by that provider.

(Added to NRS by 1995, 1787)

NRS 424.047 Access by provider of family foster care to information maintained by licensing authority concerning provider.

1. A licensing authority shall, upon request, provide to a provider of family foster care access to all information, except references, in the records maintained by the licensing authority concerning that provider.

2. After reasonable notice and by appointment, a provider of family foster care may inspect the information kept in those records.

(Added to NRS by 1995, 1788; A 2001 Special Session, 26)

NRS 424.050 Investigation of unlicensed foster home; action by licensing authority. Whenever a licensing authority is advised or has reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by this chapter, the licensing authority shall have an investigation made. If the person is conducting a foster home, the licensing authority shall either issue a license or take action to prevent continued operation of the foster home.

[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1963, 909; 1967, 1154; 1973, 1406; 1993, 2698; 2001 Special Session, 26)

NRS 424.060 Removal of child from undesirable foster home. If the licensing authority at any time finds that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, the licensing authority shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child has been placed in a foster home by the parents or relatives of the child or other persons independently of any agency, the licensing authority shall take necessary action to remove the child and arrange for the care of the child.

[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1963, 909; 1967, 1154; 1973, 1406; 1993, 2698; 2001 Special Session, 27)

NRS 424.070 Placement of child for care or adoption; approval by Division or its designee. No person other than the parents or guardian of a child and no agency or institution in this State or from outside this State may place any child in the control or care of any person without sending notice of the pending placement and receiving approval of the placement from the Division or its designee. No such person, parent, guardian, agency or institution may place a child for adoption except as otherwise provided in chapter 127 of NRS.

[3:185:1939; 1931 NCL § 1061.02]—(NRS A 1963, 910; 1967, 1155; 1973, 1406, 1591; 1993, 2698; 2001 Special Session, 27)

NRS 424.075 Right of provider of family foster care to refuse to accept placement of child and to request removal of child.

1. A provider of family foster care may:

(a) Refuse to accept the placement of a child in the family foster home; or

(b) Request that a child placed in the family foster home be removed,

Ê unless the provider has a written agreement with the licensing authority to the contrary.

2. If a provider of family foster care refuses to accept the placement of a child in, or requests the removal of a child from, a family foster home, the licensing authority may not, based solely on that refusal or request:

(a) Revoke the license of the provider to conduct a family foster home;

(b) Remove any other child placed in the family foster home;

(d) Refuse or deny any other rights of the provider as may be provided by the provisions of this chapter and any regulations adopted pursuant thereto.

(Added to NRS by 1995, 1786; A 2001 Special Session, 27)

NRS 424.077 Regulations for establishment of program to provide respite to provider of family foster care; program to provide respite, training and support to provider of family foster care.

1. The Division shall, in consultation with each licensing authority in a county whose population is 100,000 or more, adopt regulations for the establishment of a program pursuant to which a provider of family foster care may receive respite from the stresses and responsibilities that result from the daily care of children placed in the family foster home.

2. The licensing authority shall establish and operate a program that complies with the regulations adopted pursuant to subsection 1 to provide respite, training and support to a provider of family foster care in order to develop and enhance the skills of the provider to provide foster care.

(Added to NRS by 1995, 1788; A 2001 Special Session, 27)

NRS 424.079 Visitation of child by provider of family foster care after child leaves care of provider. Upon the request of a provider of family foster care, the licensing authority shall allow the provider to visit a child after the child leaves the care of the provider if:

1. The child agrees to the visitation; and

2. The licensing authority determines that the visitation is in the best interest of the child.

(Added to NRS by 1995, 1788; A 2001 Special Session, 27; 2003, 236)

NRS 424.080 Transfer of parental rights and duties prohibited; exception for termination by order of district court. Except in proceedings for adoption, no parent may voluntarily assign or otherwise transfer to another his or her rights and duties with respect to the permanent care, custody and control of a child under 18 years of age, unless parental rights and duties have been terminated by order of a court of competent jurisdiction.

[4:185:1939; 1931 NCL § 1061.03]—(NRS A 1959, 117; 1975, 79)

NRS 424.085 Person licensed to conduct foster home immune from liability for certain acts of child in care of person.

1. Except as otherwise provided by specific statute, a person who is licensed by the licensing authority pursuant to NRS 424.030 to conduct a family foster home, a specialized foster home or a group foster home is not liable for any act of a child in his or her foster care unless the person licensed by the licensing authority took an affirmative action that contributed to the act of the child.

2. The immunity from liability provided pursuant to this section includes, without limitation, immunity from any fine, penalty, debt or other liability incurred as a result of the act of the child.

(Added to NRS by 1999, 897; A 2001 Special Session, 28; 2009, 1489)

NRS 424.090 Exemption from provisions of chapter. The provisions of NRS 424.020 to 424.090, inclusive, do not apply to homes in which:

1. Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

2. Care is provided by the legal guardian.

3. Care is provided for an exchange student.

4. Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community.

5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.

6. Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is:

(a) Related to the caregiver by blood, adoption or marriage; and

(b) Not in the custody of an agency which provides child welfare services.

7. Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS if:

(a) The caregiver is related to the child within the fifth degree of consanguinity; and

(b) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive.

[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1961, 739; 1973, 243; 1993, 74; 1995, 1789; 1999, 897; 2001 Special Session, 28; 2009, 515; 2011, 1361, 1776, 3546)

FOSTER CARE AGENCIES

NRS 424.093 Regulations concerning licensure; minimum standards for regulation of foster care agencies. The Division shall:

1. Establish reasonable minimum standards for foster care agencies.

2. In consultation with foster care agencies and each agency which provides child welfare services, adopt:

(a) Regulations concerning the operation of a foster care agency, including, without limitation, a foster care agency which provides family foster care, specialized foster care or group foster care for children placed by an agency which provides child welfare services.

(b) Regulations regarding the issuance of nonrenewable provisional licenses to operate a foster care agency. The regulations must provide that a provisional license is valid for not more than 1 year.

(d) Any other regulations necessary to carry out its powers and duties regarding the placement of children for foster care, including, without limitation, such regulations necessary to ensure compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

(Added to NRS by 2009, 1486)

NRS 424.094 Licensing; fees.

1. A licensing authority may license foster care agencies within its jurisdiction in accordance with the regulations adopted by the Division pursuant to NRS 424.093.

2. Except as otherwise provided in this section, if a licensing authority licenses foster care agencies, a person shall not operate a foster care agency within the jurisdiction of the licensing authority or otherwise assist an agency which provides child welfare services in placing or in arranging the placement of any child in foster care until the foster care agency has obtained a license pursuant to NRS 424.095.

3. This section does not prohibit a parent or guardian of a child from placing or arranging the placement of, or assisting in placing or arranging the placement of, the child in foster care.

4. A licensing authority that licenses foster care agencies pursuant to this section may charge a fee of not more than $150 for the issuance of a provisional license, not more than $300 for the issuance of a license and not more than $150 for the renewal of a license. Any fee so charged must not exceed the actual cost incurred by the authority for providing or renewing the license.

(Added to NRS by 2009, 1486)

NRS 424.095 License; application; renewal.

1. An application for a license to operate a foster care agency must be in a form prescribed by the Division and submitted to the appropriate licensing authority. Such a license is effective for 2 years after the date of its issuance and may be renewed upon expiration.

2. An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the standards established and the regulations adopted by the Division pursuant to NRS 424.093.

3. Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the standards established and the regulations adopted by the Division pursuant to NRS 424.093.

4. A licensing authority may issue a nonrenewable provisional license in accordance with the regulations adopted by the Division pursuant to NRS 424.093.

(Added to NRS by 2009, 1486)

NRS 424.096 License; denial of application; refusal to renew; procedure.

1. After notice and hearing, a licensing authority may:

(a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not meet the standards established and comply with the regulations adopted by the Division pursuant to NRS 424.093.

(b) Upon a finding of deficiency, require a foster care agency to prepare a plan of corrective action and, within 90 days or a shorter period prescribed by the licensing authority require the foster care agency to complete the plan of corrective action.

(c) Refuse to renew a license or may revoke a license or provisional license if the licensing authority finds that the foster care agency has refused or failed to meet any of the established standards or has violated any of the regulations adopted by the Division pursuant to NRS 424.093.

2. A notice of the time and place of the hearing must be mailed to the last known address of the applicant or licensee at least 15 days before the date fixed for the hearing.

3. When an order of a licensing authority is appealed to the district court, the trial may be de novo.

(Added to NRS by 2009, 1487)

NRS 424.097 Licensed foster care agency authorized to provide certain assistance to agency which provides child welfare services. A licensed foster care agency may provide such assistance to an agency which provides child welfare services as authorized by the agency which provides child welfare services. Such services may include, without limitation:

1. Screening, recruiting, licensing and training of persons to provide family foster care, specialized foster care and group foster care;

2. Case management services;

3. Referral services;

4. Supportive services for persons providing foster care to meet the needs of children in foster care;

5. Coordination of case plans and treatment plans; and

6. Services, or facilitating the provision of such services, to children placed in foster care.

(Added to NRS by 2009, 1487)

PENALTIES

NRS 424.100 Penalty. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1967, 575; 1995, 1789)