[Rev. 11/21/2013 4:31:00 PM--2013]

[NAC-432B Revised Date: 2-03]

CHAPTER 432B - PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT

GENERAL PROVISIONS

432B.010         Definitions.

432B.011         “Abuse or neglect of a child” defined.

432B.012         “Administrator” defined.

432B.013         “Agency which provides family assessment services” defined.

432B.014         “Agency which provides child welfare services” defined.

432B.015         “Child welfare services” defined.

432B.016         “Division” defined.

432B.017         “Foster care” defined.

432B.020         Abuse or neglect: “Nonaccidental” interpreted.

432B.024         Physical injury: “Disfigurement” interpreted.

ADMINISTRATION

432B.030         Evaluation of child welfare services in state; actions upon determination of noncompliance with certain provisions.

432B.040         Plans submitted pursuant to NRS 432B.395: Evaluation by division; action by agency upon disapproval.

432B.050         Plans submitted pursuant to NRS 432B.395: Time for submission; contents.

432B.060         Cooperation with division to obtain federal money.

AGENCIES WHICH PROVIDE CHILD WELFARE SERVICES

432B.070         Organizational requirements.

432B.080         Efforts to prevent abuse and neglect in community.

432B.090         General requirements for staff.

432B.100         Administrative, clerical and support staff.

432B.110         Supervisory staff.

432B.120         Members of staff who directly deliver services.

432B.130         Paraprofessional staff.

AGENCIES WHICH PROVIDE FAMILY ASSESSMENT SERVICES

432B.135         Organizational requirements.

432B.1352       General requirements for staff.

432B.1354       Administrative, clerical and support staff.

432B.1356       Supervisory staff.

432B.1358       Members of staff: General responsibilities; qualifications of members who directly provide services.

432B.136         Paraprofessional staff.

432B.1362       Contents of agreement to provide services.

432B.1364       Contents of family assessment.

432B.1366       Conduct of family assessment; dissemination of certain information; provision of certain services.

432B.1368       Maintenance of information on local resources available to families.

REPORTS OF ABUSE OR NEGLECT

432B.140         Receipt of report.

432B.150         Investigation of report: General requirements.

432B.155         Investigation of report: Face-to-face meeting; documentation.

432B.160         Conduct and use of evaluation and investigation of report; determination and protection of immediate safety of child.

432B.170         Determination and appeal of case findings; duties relating to central registry.

CHILD WELFARE SERVICES AND CUSTODY

432B.180         Assessments of risk required.

432B.185         Assessments of safety of child required.

432B.190         Requirements for case plans and agreements with parents.

432B.200         Use of family’s strengths and resources.

432B.210         Strengthening parental capacity to care for children.

432B.220         Objectives for children.

432B.230         Interagency agreements with related agencies.

432B.240         Provision of services to preserve family and prevent placement of child.

432B.250         Voluntary placement of child.

432B.260         Determination to take child into protective custody.

432B.261         Factors in consideration of permanent placement of child.

432B.262         Termination of parental rights.

432B.2625       Permanent placement of child.

432B.263         Inquiry to determine whether child is Indian child; recording of information provided; verification of inquiries.

432B.270         Notification of need for criminal investigation.

432B.280         Referral of cases to court; provision of pamphlet to person responsible for child’s welfare; assistance of guardian or advocate appointed by court.

432B.290         Notification of noncustodial and joint custodial parents.

432B.300         Resolution of grievances.

432B.310         Termination of services and closure of cases.

432B.315         Closure of case concerning child adjudicated to be in need of protection; visitation of home of child in protective custody.

432B.320         Maintenance of case records.

RESIDENTIAL INSTITUTIONS

432B.330         “Residential institution” defined.

432B.340         Responsibility for consequences to children.

432B.350         Reporting of abuse or neglect; action by agency which provides child welfare services.

432B.360         Investigation of report of abuse or neglect.

432B.370         Duties of team organized to investigate report of abuse or neglect.

SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES

432B.400         Case plan for child receiving foster care; reports regarding child placed outside state where parents reside.

432B.405         Provision of services to child in foster care and his parents.

432B.410         Provision of services to prepare child in foster care to live independently as adult.

432B.420         Semiannual assessment of child in custody of agency.

432B.430         Placement of child in unlicensed home of relative: General requirements.

432B.435         Placement of child in unlicensed home of relative: Restrictions on placement.

432B.440         Placement of child in unlicensed home of relative: Assessment of safety of child at time of initial placement.

 

 

GENERAL PROVISIONS

      NAC 432B.010  Definitions. (NRS 432B.190)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 432B.011 to 432B.017, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Div. of Child & Fam. Services, 5-14-96; R221-97, 6-5-98; R045-02, 7-23-2002)

      NAC 432B.011  “Abuse or neglect of a child” defined. (NRS 432B.190)  “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

      NAC 432B.012  “Administrator” defined. (NRS 432B.190)  “Administrator” means the administrator of the division.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.013  “Agency which provides family assessment services” defined. (NRS 432B.190)  “Agency which provides family assessment services” means an agency which has entered into a written agreement with an agency which provides child welfare services to:

     1.  Conduct an assessment of the family of a child to determine what services, if any, are needed by the family and, if appropriate, to provide any such services; or

     2.  Provide to the family of a child counseling, training or other services relating to child abuse and neglect.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.014  “Agency which provides child welfare services” defined. (NRS 432B.190)  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

      NAC 432B.015  “Child welfare services” defined. (NRS 432B.190)  “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.016  “Division” defined. (NRS 432B.190)  “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

      NAC 432B.017  “Foster care” defined. (NRS 432B.190)  “Foster care” means any out-of-home placement of a child. The term includes:

     1.  The placement of a child into:

     (a) A family foster home, as that term is defined in NRS 424.013;

     (b) A group foster home, as that term is defined in NRS 424.015; or

     (c) Any other similar institution having the appropriate qualifications and facilities to provide the necessary and desirable degree and type of care to the child.

     2.  The placement of a child with a relative other than the relative who had a legal responsibility for providing a home for the child before the child was placed into the custody of the agency which provides child welfare services.

     3.  An independent living arrangement approved by the agency which provides child welfare services in accordance with NAC 432B.410, made by the agency which provides child welfare services for a child in the custody of the agency which provides child welfare services pursuant to NRS 127.050 or 432B.550, or for whom the agency which provides child welfare services is responsible pursuant to NRS 432B.360.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by R045-02, 7-23-2002)

      NAC 432B.020  Abuse or neglect: “Nonaccidental” interpreted.  For the purposes of NRS 432B.020, “nonaccidental” means arising from an event or effect that a person responsible for a child’s welfare could reasonably be expected to foresee, regardless of whether that person did not intend to abuse or neglect a child or was ignorant of the possible consequences of his actions or failure to act.

     [Welfare Div., Standards for Child Protective Services part Art. IX-B, eff. 9-11-87]

      NAC 432B.024  Physical injury: “Disfigurement” interpreted. (NRS 432B.090, 432B.190)  As used in NRS 432B.090, the division interprets the term “disfigurement” to mean a mark, welt, abrasion, scar, bruise, condition or deformity that:

     1.  Damages or impairs the physical condition of a person wherever it is located on the body of the person; or

     2.  Limits the bodily functions of the person.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

ADMINISTRATION

      NAC 432B.030  Evaluation of child welfare services in state; actions upon determination of noncompliance with certain provisions. (NRS 432B.180, 432B.190)

     1.  The evaluation required by subsection 6 of NRS 432B.180 must:

     (a) Include:

          (1) Audits of each agency which provides child welfare services.

          (2) An assurance that each agency which provides child welfare services is complying with this chapter, chapter 432B of NRS, any other applicable state and federal law, and any written agreements entered into with the Division or the Department of Health and Human Services.

     (b) Be conducted by audit teams composed of:

          (1) Representatives from the Division;

          (2) A representative of the agency being reviewed; and

          (3) A representative from a related discipline, including, without limitation, law enforcement, mental health, a medical program or a school district.

     2.  Each audit team described in subsection 1 shall provide a written evaluation of the audit to the agency which provides child welfare services being audited.

     3.  Within 30 days after the completion of an audit performed pursuant to subsection 1, the Division will issue a written notice to the agency which provides child welfare services if the Division determines as a result of the audit that the agency is not in compliance with the provisions of this chapter, chapter 432B of NRS, any applicable state or federal law, or any written agreements entered into with the Division or the Department of Health and Human Services. The notice must set forth the nature of the noncompliance.

     4.  Within 30 days after receipt of a notice issued pursuant to subsection 3, the agency which provides child welfare services shall submit to the Division a plan of action for the areas of noncompliance. The agency may use the services of a consultant to carry out the plan of action. Upon request by an agency which provides child welfare services, the Division will provide to the agency assistance relating to carrying out its plan of action.

     5.  Each audit team shall reevaluate the areas of noncompliance within 4 to 6 months after the completion of the audit. Within 6 months after completion of the audit, the agency which provides child welfare services shall complete the plan of action or demonstrate that it has made significant progress, as determined by the Division, towards completing the plan of action. If the Division determines that the agency has demonstrated that it has made significant progress towards completing the plan of action, the Division may grant the agency an additional 3 months to complete the plan.

     6.  The Division may, pursuant to subsection 6 of NRS 432B.180, withhold money from an agency which provides child welfare services based upon the failure of the agency to complete the plan of action within the period set forth in subsection 5. As used in this subsection, “period set forth in subsection 5” includes any additional time to complete the plan granted to the agency by the Division pursuant to subsection 5.

     [Welfare Div., Standards for Child Protective Services part Art. VI, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.040  Plans submitted pursuant to NRS 432B.395: Evaluation by division; action by agency upon disapproval.

     1.  The division will conduct an annual review of plans submitted pursuant to NRS 432B.395 in such a manner as to ensure compliance with the provisions of this chapter and chapter 432B of NRS.

     2.  The division will provide to an agency that submits a plan pursuant to NRS 432B.395 a written evaluation of the plan, including the division’s approval or disapproval of the plan, within 60 days after the date of receipt of the plan by the division. If a plan is disapproved, the agency submitting the plan shall:

     (a) Establish a corrected plan for areas found not in compliance with this chapter and chapter 432B of NRS, and submit the corrected plan to the division within 60 days after the date of the letter of disapproval.

     (b) As needed, seek consultative services to develop a corrected plan. The division will provide assistance if requested.

The division will reevaluate areas of the plan found not in compliance within 30 days after the resubmittal.

     [Welfare Div., Standards for Child Protective Services part Art. VII, eff. 10-7-88]

      NAC 432B.050  Plans submitted pursuant to NRS 432B.395: Time for submission; contents. (NRS 432B.190, 432B.395)  A plan submitted pursuant to NRS 432B.395 must be submitted by May 1 of each year and must:

     1.  Describe how the agency which provides child welfare services will establish and maintain effective programs of preventive and reunification services which include, but are not limited to, the following elements:

     (a) An assessment of the safety of the child;

     (b) An assessment of the need for services;

     (c) A comprehensive plan for the provision of an adequate array and availability of preventive and reunification services;

     (d) The provision of any required preventive and reunification services identified pursuant to paragraphs (a), (b) and (c);

     (e) A structure for the delivery of services;

     (f) Training for the personnel of the agency;

     (g) Criteria for eligibility to obtain preventive and reunification services;

     (h) Written guidelines, procedures and protocols; and

     (i) A procedure for gathering and maintaining data, and providing data to the juvenile court.

     2.  Specify how the agency which provides child welfare services will ensure that it makes good faith efforts to:

     (a) Prevent removal of the child from his home, including:

          (1) A careful assessment of the familial situation, including an identification of the specific problems, if any, placing the child at imminent risk of serious harm, to determine the likelihood of protecting the child effectively in the home.

          (2) Consideration of the specific problems of the child or family to determine whether any of the services available within the agency or in the community might effectively address those problems without removal of the child.

          (3) Consideration of alternative ways of addressing the family’s needs, that would enable the child to be protected without removal, when the services regularly provided by the agency appear unlikely to meet the family’s needs, or when waiting lists for those services are too long to prevent removal of the child.

          (4) Notice to the family concerning the services available within the agency and in the community that might address the problems of the family or child.

          (5) An offer to the family to provide those services the agency considers most likely to address the problems identified as creating the risk of removal of the child.

          (6) An opportunity for the family to request other services not offered by the agency that the family believes might mitigate the risk of removal.

          (7) A mechanism for the child or family to seek a review of the agency’s failure to provide the assistance or services the family believes would eliminate the need for removal of the child.

     (b) Reunify the family, including the efforts required by paragraph (a) and the:

          (1) Development of an appropriate case plan.

          (2) Establishment of an appropriate schedule for visitation and other measures to ensure visitation is facilitated and actually occurs.

     3.  Describe how the agency which provides child welfare services will ensure compliance with NRS 432B.540.

     [Welfare Div., Standards for Child Protective Services part Art. VII, eff. 10-7-88]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.060  Cooperation with division to obtain federal money. (NRS 432.032, 432B.190)  An agency which provides child welfare services shall cooperate with the division in such a manner as necessary for the state to obtain federal money for services and activities relating to child welfare.

     [Welfare Div., Standards for Child Protective Services part Art. VIII, eff. 6-29-90]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

AGENCIES WHICH PROVIDE CHILD WELFARE SERVICES

      NAC 432B.070  Organizational requirements. (NRS 432B.190)

     1.  An agency which provides child welfare services shall establish an organizational structure which ensures that there is a clearly defined and logical hierarchy of authority and responsibility for all matters associated with the administration and operation of its program for child welfare services. The structure must create opportunities for frequent communication between the administrative and policymaking staff and the staff which provides services.

     2.  The agency’s pattern of organization for its staff which provides services must be designed to facilitate achievement of the program’s goals and the objectives of individual plans for services. The agency shall include, as a minimum, the following factors in establishing its structure for the delivery of services:

     (a) The assignment of responsibility for the management of cases regarding all the children in any one family under the care of the agency to one member of the staff.

     (b) The need for continuity of responsibility for each child and his family throughout the process for the delivery of services. When more than one agency or person is involved in child welfare services for a child, there must be a formal process for the coordination and transfer of services.

     (c) The coordination of an agency’s efforts to achieve established objectives for the delivery of services to each child and his family.

     (d) The creation of opportunities for frequent communication and collaboration between the personnel of the agency and providers of foster care.

     3.  The policies and procedures of the agency must be in written form.

     4.  The agency shall establish an internal process for the review of cases to ensure conformity with the law, regulations, and the policies and procedures of the agency. A sample of cases must be reviewed on a quarterly basis. The sample must be representative of all reports of child maltreatment.

     [Welfare Div., Standards for Child Protective Services part Art. II-D, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.080  Efforts to prevent abuse and neglect in community.  An agency which provides child welfare services shall:

     1.  Participate in community programs to educate the public and promote awareness about programs regarding the abuse and neglect of children and services to prevent the abuse and neglect of children.

     2.  Encourage residents to act as advocates and volunteers on behalf of children and families served by the agency.

     3.  Make the community aware of the need for specific services and resources related to programs regarding the abuse and neglect of children and services to prevent the abuse and neglect of children.

     4.  Coordinate the activities of agencies, schools and organizations in the community to strengthen services to families who are at risk of committing the abuse or neglect of a child, and increase the ability of those families to keep their children at home.

     5.  Encourage and assist in the development of community councils involving public and private organizations.

     [Welfare Div., Standards for Child Protective Services part Art. V, eff. 9-11-87]

      NAC 432B.090  General requirements for staff. (NRS 432B.190)

     1.  All members of the staff of an agency which provides child welfare services must have demonstrated competence in their areas of responsibility, as measured by educational achievement, years of experience and other qualifications, so that the agency can provide high-quality services in an efficient and professional manner. All members of the staff must have the training and experience required by their job descriptions.

     2.  An agency which provides child welfare services shall:

     (a) Assess the needs of its staff for development and training every 2 years. The agency shall ensure that each new member of its staff engaged in child welfare services receives at least 40 hours of training related to the principles and practices of those child welfare services and completes a course of training related to the provisions of the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., prescribed by the division. After the first year of employment, all members of the staff engaged in child welfare services must obtain 30 hours biennially of training related to those child welfare services.

     (b) Provide to each person who directly provides family assessment services training related to the principles and practices of providing such assessments.

     (c) Provide each new employee with an orientation to the agency and to his position. Ongoing orientation and day-to-day activities for the development of staff are a responsibility of the employee’s supervisor.

     3.  An agency which provides child welfare services shall develop and carry out personnel practices and policies which provide all staff and volunteers with clear written information about their rights and responsibilities, and which are conducive to the maintenance of good relations between management and employees and the retention of high-quality employees.

     4.  All employees must have access to a procedure for the resolution of grievances.

     [Welfare Div., Standards for Child Protective Services part Art. II-E + Art. II-G, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services, 7-8-96; R221-97, 6-5-98; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.100  Administrative, clerical and support staff.

     1.  An agency which provides child welfare services shall employ such administrative staff as needed in accordance with the agency’s size, scope of responsibility and overall organizational structure.

     2.  All members of the clerical and support staff of an agency which provides child welfare services must possess the necessary education, training and experience for their specific jobs.

     [Welfare Div., Standards for Child Protective Services part Art. II-E, eff. 9-11-87]

      NAC 432B.110  Supervisory staff. (NRS 432B.190)

     1.  Members of the supervisory staff of an agency which provides child welfare services are responsible for:

     (a) Providing their staff with consultation and day-to-day training;

     (b) Management, including the delegation of functions regarding casework to their staff and assistance with the development and implementation of case plans; and

     (c) Ensuring that the goals of their program of child welfare services are achieved.

     2.  Supervisory staff must have technical knowledge and skills in the field of child welfare, and demonstrated ability in promoting effective practices and the coordination of services and training.

     3.  Supervisors employed after July 1, 1988, must have at least:

     (a) A bachelor’s degree in social work, or in a related field of human service, and 3 years of related experience; or

     (b) A license to engage in social work as an associate in social work and 3 years of related experience.

     [Welfare Div., Standards for Child Protective Services part Art. II-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services, 7-8-96; R045-02, 7-23-2002)

      NAC 432B.120  Members of staff who directly deliver services. (NRS 432B.190)

     1.  Members of the staff of an agency which provides child welfare services who directly deliver those services are responsible for:

     (a) Receiving reports regarding the alleged abuse or neglect of children, investigating the reports and initiating appropriate intervention;

     (b) Assessing the immediate safety of children who are victims or the subject of a report made pursuant to NRS 432B.220;

     (c) Case management, including planned services to each child and his family to achieve the goals established in the case plan;

     (d) Removal and placement of children who cannot remain safely at home; and

     (e) Reunification, adoption or other permanency services for children who have been placed.

     2.  Members of the staff who directly deliver child welfare services and who are employed after July 1, 1988, must have a bachelor’s degree in social work or a related field of human service.

     [Welfare Div., Standards for Child Protective Services part Art. II-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.130  Paraprofessional staff. (NRS 432B.190)

     1.  If an agency which provides child welfare services employs paraprofessional staff, the agency shall provide supervision by the professional staff. The paraprofessional staff must be used flexibly and creatively in activities such as providing support and assistance to families, providing transportation, monitoring and reporting observations.

     2.  Qualifications for paraprofessional staff must be flexibly set and interpreted, but must include, without limitation:

     (a) The ability to relate to social workers, foster parents, and children and their families; and

     (b) Knowledge of the resources and attitudes of the local community.

     [Welfare Div., Standards for Child Protective Services part Art. II-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98)

AGENCIES WHICH PROVIDE FAMILY ASSESSMENT SERVICES

      NAC 432B.135  Organizational requirements. (NRS 432B.190)

     1.  An agency which provides family assessment services shall establish an organizational structure which ensures that there is a clearly defined and logical hierarchy of authority and responsibility for all matters associated with the administration and operation of its program for family assessment services. The structure must create opportunities for frequent communication between the administrative and policymaking staff and the staff which directly provides family assessment services.

     2.  The agency’s pattern of organization for its staff which directly provides family assessment services must be designed to facilitate achievement of the program’s goals and the objectives of individual plans for family assessment services. The agency shall include, without limitation, the following factors in establishing its structure for the delivery of family assessment services:

     (a) The assignment of responsibility for the management of cases regarding all the children in any one family under the care of the agency to one member of the staff.

     (b) The need for continuity of responsibility for each child and his family throughout the process for the delivery of family assessment services. When more than one agency or person is involved in providing family assessment services for children in a family, there must be a formal process for the coordination and transfer of services.

     (c) The coordination of an agency’s efforts to achieve established objectives for the delivery of family assessment services to each child and his family.

     3.  The policies and procedures of the agency must be in written form.

     4.  The agency shall establish an internal process for the review of cases to ensure conformity with the law, regulations, and the policies and procedures of the agency.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1352  General requirements for staff. (NRS 432B.190)

     1.  All members of the staff of an agency which provides family assessment services must have demonstrated competence in their areas of responsibility, as measured by educational achievement, years of experience and other qualifications, so that the agency can provide high-quality family assessment services in an efficient and professional manner. All members of the staff must have the training and experience required by their job descriptions.

     2.  An agency which provides family assessment services shall:

     (a) Ensure that each person who directly provides family assessment services has a bachelor’s degree in a field of human service and a license or certification in his field of practice.

     (b) Provide each new employee with an orientation to the agency and to his position. Ongoing orientation and day-to-day activities for the development of staff are a responsibility of the employee’s supervisor.

     3.  An agency which provides family assessment services shall develop and carry out personnel practices and policies which provide all staff and volunteers with clear written information about their rights and responsibilities and which are conducive to the maintenance of good relations between management and employees and the retention of high-quality employees.

     4.  All employees must have access to a procedure for the resolution of grievances.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1354  Administrative, clerical and support staff. (NRS 432B.190)

     1.  An agency which provides family assessment services shall employ such administrative staff as are needed in accordance with the agency’s size, scope of responsibility and overall organizational structure.

     2.  All members of the clerical and support staff of an agency which provides family assessment services must possess the necessary education, training and experience for their specific jobs.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1356  Supervisory staff. (NRS 432B.190)

     1.  Members of the supervisory staff of an agency which provides family assessment services are responsible for:

     (a) Providing their staff with consultation and day-to-day training;

     (b) Management, including, without limitation, the delegation of functions regarding case work to their staff and assistance with the development and carrying out of case plans; and

     (c) Ensuring that the goals of their program of family assessment services are achieved.

     2.  Supervisory staff must have technical knowledge and skills in the field of child welfare, and demonstrated ability in promoting effective practices and the coordination of services and training.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1358  Members of staff: General responsibilities; qualifications of members who directly provide services. (NRS 432B.190)

     1.  Members of the staff of an agency which provides family assessment services are responsible for:

     (a) Receiving referrals from an agency which provides child welfare services regarding the alleged abuse or neglect of children;

     (b) Providing family assessments;

     (c) Forwarding reports to an agency which provides child welfare services if the staff member determines that the child has been injured or is at risk for serious harm; and

     (d) Case management, including, without limitation, planned services to each child and his family to achieve the goals established in the case plan.

     2.  Members of the staff who directly provide family assessment services must have a bachelor’s degree in a field of human service and must be licensed or certified in their respective fields of practice.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by R068-99, 11-8-99; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.136  Paraprofessional staff. (NRS 432B.190)

     1.  If an agency which provides family assessment services employs paraprofessional staff, the agency shall provide supervision by the professional staff. The paraprofessional staff must be used flexibly and creatively in activities, including, without limitation, providing support and assistance to families, providing transportation, monitoring and reporting observations.

     2.  Qualifications for paraprofessional staff must be flexibly set and interpreted, but must include, without limitation:

     (a) The ability to relate to social workers, foster parents, and children and their families; and

     (b) Knowledge of the resources and attitudes of the local community.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1362  Contents of agreement to provide services. (NRS 432B.190)  An agreement between an agency which provides child welfare services and an agency which provides family assessment services to provide family assessment services must include, without limitation:

     1.  A description of the training and technical assistance that must be provided by the agency which provides child welfare services.

     2.  The time frame within which the family assessment must be commenced and completed.

     3.  The time frame within which an agency which provides family assessment services must notify an agency which provides child welfare services that the child has been injured or is at risk for serious harm.

     4.  A description of the information that will be retained by the agency which provides family assessment services about a family.

     5.  Any other information determined to be necessary by the agency which provides child welfare services.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1364  Contents of family assessment. (NRS 432B.190)  A family assessment may include, without limitation:

     1.  A determination of whether the basic needs of the family, including, without limitation, food, shelter, clothing and medical care, are being met.

     2.  The educational needs of the child.

     3.  An evaluation of the parenting skills of the parents.

     4.  The degree of integration of the family into the local community.

     5.  An identification of each family member and his role in ensuring the safety of the child.

     6.  Whether there is substance abuse or spousal abuse in the family and its effect on the safety of the child.

     7.  Whether the child has any medical needs that are not being met.

     8.  The level of intellectual, social and emotional development of the child.

     9.  Any other areas in which the family can be strengthened to ensure the safety of the child.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

      NAC 432B.1366  Conduct of family assessment; dissemination of certain information; provision of certain services. (NRS 432B.190)

     1.  If an agency which provides family assessment services provides a family assessment:

     (a) The primary focus of the assessment must be the safety of the child, not the alleged incident of abuse or neglect.

     (b) The assessment must be conducted with the cooperation of the family.

     (c) The assessment must take into account the strengths of the family and its need for available child welfare services.

     (d) A record of the assessment must not be entered into the central registry established pursuant to NRS 432.100.

     (e) The agency which provides family assessment services shall forward a copy of the assessment to an agency which provides child welfare services.

     2.  Except as otherwise required by NRS 432B.220, if, during the course of the assessment, it is determined by the agency which provides family assessment services that the child has been injured or is at risk of serious harm, the agency shall report the abuse or neglect to an agency which provides child welfare services for an investigation in accordance with NAC 432B.150.

     3.  If, during the course of the assessment, it is determined by the agency which provides family assessment services that the child is not at risk of serious harm but the family could benefit from services to address the areas of need identified in the assessment, the agency which provides family assessment services may provide those services to the family.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.1368  Maintenance of information on local resources available to families. (NRS 432B.190)  An agency which provides family assessment services shall maintain information regarding local resources available to families.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98; A by E001-01, 6-28-2001; R083-01, 10-31-2001)

REPORTS OF ABUSE OR NEGLECT

      NAC 432B.140  Receipt of report. (NRS 432B.190)

     1.  When an agency which provides child welfare services receives a referral that a child is alleged to be abused, neglected or threatened with harm, its first step must be to obtain sufficient information to decide if the allegations constitute a report of the abuse or neglect of a child which is appropriate for investigation. The worker shall explore the nature of the reporter’s concern, evaluate the report and explain the agency’s responsibility and services and the available resources that could be used.

     2.  When an agency which provides child welfare services receives more than one report on the same family referring to the same incident occurring on the same date with the same alleged perpetrator, the agency shall consider them to be a single report. An additional report must be made of any subsequent incident.

     [Welfare Div., Standards for Child Protective Services part Art. III-A, eff. 9-11-87; A 10-19-90]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98)

      NAC 432B.150  Investigation of report: General requirements. (NRS 432B.190)

     1.  If an agency which provides child welfare services receives a report made pursuant to NRS 432B.220 or a report from a law enforcement agency, an initial evaluation must be conducted to determine if the situation or condition of the child makes child welfare services appropriate or whether the child and his parents may be referred to an agency which provides family assessment services. Such an evaluation must be the practice even when the referral has been made by a professional or official person on the basis of his specialized knowledge. A family must not be referred to an agency which provides family assessment services if the report involves sexual abuse or abuse that occurred in an institution or the child has been placed in custody by a law enforcement agency or held at a hospital by a physician.

     2.  If an investigation is initiated by an agency which provides child welfare services pursuant to NRS 432B.260, the agency must determine, in the order of priority that follows, as part of the investigation whether:

     (a) The child is safe considering the factors set forth in NAC 432B.160;

     (b) The child is at risk of future harm; and

     (c) The child and his parents should receive child welfare services or whether the family should be referred to an agency which provides family assessment services.

     3.  If an agency which provides child welfare services receives a report pursuant to NRS 432B.220 or initiates an investigation pursuant to NRS 432B.260:

     (a) A caseworker must evaluate the familial situation to decide what needs to be done and what can be done, taking into consideration the problems and the strengths in the given situation as they relate to the neglect or abuse of the child.

     (b) The child must be seen immediately if the allegations suggest imminent harm.

     (c) The caseworker must, when other children are in the same household, also assess the protective needs of the children who are not the subject of the report.

     4.  An agency which provides child welfare services shall have a written protocol for reports of sexual abuse which:

     (a) Specifies the process of investigation and initial intervention;

     (b) Contains provisions to minimize the additional trauma to a child caused by repetitive interviewing; and

     (c) Specifies the roles to be played by medical providers and agencies for law enforcement and social services.

     [Welfare Div., Standards for Child Protective Services part Art. III-B + part Art. III-G, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.155  Investigation of report: Face-to-face meeting; documentation. (NRS 432B.190)

     1.  If an investigation is initiated by an agency which provides child welfare services pursuant to NRS 432B.260 and that investigation was initiated by telephone or a review of a case record, a face-to-face meeting with the child and his family must be attempted on the next business day and on each successive business day until the supervisor of the case manager of the case determines that a resolution has been achieved.

     2.  An agency which provides child welfare services shall document the manner in which the investigation was initiated and record in writing the information obtained.

     3.  As used in this section, “business day” means Monday through Friday, excluding state and federal holidays.

     (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

      NAC 432B.160  Conduct and use of evaluation and investigation of report; determination and protection of immediate safety of child. (NRS 432B.190)

     1.  An evaluation or investigation required by NAC 432B.150 must be conducted in such a manner as to determine how the child is being affected by the situation and whether the child is:

     (a) Currently safe;

     (b) At risk of abuse or neglect; or

     (c) Threatened with harm.

     2.  In determining whether the child is currently safe, the agency which provides child welfare services shall consider the circumstances of the entire family, including, without limitation:

     (a) The age of the child;

     (b) Any exceptional needs of the child that the caretaker cannot satisfy, including, without limitation, needs relating to behavioral or medical problems;

     (c) The need of the child for medical care;

     (d) Any need of the child for food, clothing, shelter or protection from environmental hazards;

     (e) An observation of anxious or fearful behavior on the part of the child when the child is in the presence of the caretaker or another person;

     (f) Any refusal by the family to allow the agency which provides child welfare services access to the child who is the subject of the evaluation or investigation or other children in the household or whether the agency has reason to believe that the family may flee;

     (g) Whether the child has sustained a serious injury for which there is no reasonable or credible explanation;

     (h) Whether a weapon or other object was used in any act of maltreatment of the child who is the subject of the evaluation or investigation;

     (i) Whether an adult caretaker, any member of the household who resides in the home, or a person with frequent access to the household in which the child who is the subject of the evaluation or investigation resides has a history that includes any act of maltreatment of a child, violence, including, without limitation, domestic violence, or has any other behavioral indicators that may suggest that the child is in immediate danger;

     (j) Whether the agency has received multiple reports concerning the safety of the child pursuant to NRS 432B.220 or from a law enforcement agency;

     (k) Whether the caretaker of the child who is the subject of the evaluation or investigation refers to the child in an extremely derogative or negative manner or has acted threateningly towards the child either verbally or physically;

     (l) Whether the caretaker of the child or any other person who frequently visits the household in which the child who is the subject of the evaluation or investigation resides acts in a violent manner or threatens violence;

     (m) Whether safety risks are created because of a caretaker’s lack of knowledge, skill or motivation relating to parenting;

     (n) Whether the actions or behaviors of the caretaker of the child appear to be symptomatic of a mental or physical illness;

     (o) Any justification by the caretaker of the child relating to the harmful behavior of the caretaker or the harmful behavior of other persons;

     (p) Whether there has been any change or improvement in the behavior of the caretaker of the child after child welfare services have been provided to the caretaker;

     (q) Whether the caretaker of the child is unable or unwilling to satisfy the immediate needs of the child for food, clothing or shelter;

     (r) Any environmental hazards;

     (s) Any suspected or immediate abuse of drugs or alcohol by the caretaker of the child; and

     (t) Such other information as the agency considers necessary to make its determination.

     3.  If the agency determines that the child is unsafe in his home, the agency shall establish a safety plan to address the immediate safety concerns of the child. The plan:

     (a) Must be established, if possible, to allow the child to remain in his home;

     (b) Must be time-limited; and

     (c) May include removal of the child from his home initially or as a result of a violation of the plan.

     4.  After the agency addresses the immediate safety concerns of the child who is the subject of the evaluation or investigation, the agency shall:

     (a) Evaluate whether the parents have the capacity to change and to provide adequate care, and can begin to use the help of social work in meeting the problem, or whether, in the interest of the child, legal action must be taken to remove the child from the situation and to obtain suitable care; and

     (b) Use the evaluation or investigation as a basis for future treatment of the problems of the parents and child.

     5.  When conducting an evaluation or investigation required by NAC 432B.150, a person shall:

     (a) Prepare appropriate documentation;

     (b) Apply his knowledge of and sensitivity about different family lifestyles, child-rearing patterns and cultural and ethnic differences among families;

     (c) Assess the environmental factors within the home, school, neighborhood and community that have an impact on the family;

     (d) Confront and resolve conflicting opinions and values regarding appropriate standards of care for children, and exercise professional judgment without being judgmental;

     (e) Establish priorities for assessment based on the evaluation of risk to the child;

     (f) Demonstrate the ability to make decisions which take into account the rights and needs of children, parents and families;

     (g) Commit to persistent outreach and offers of supportive and concrete services, even to hostile, resistant or apathetic families; and

     (h) Recognize the limits of child welfare services and the parents’ right to be free of involuntary services when there is no risk to the child.

     [Welfare Div., Standards for Child Protective Services part Art. III-B, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.170  Determination and appeal of case findings; duties relating to central registry. (NRS 432B.190)

     1.  After the investigation of a report of the abuse or neglect of a child, an agency which provides child welfare services shall determine its case findings based on whether there is reasonable cause to believe a child is abused or neglected, or threatened with abuse or neglect, and whether there is credible evidence of alleged abuse or neglect of the child. The agency shall make one of the following findings:

     (a) The allegation of abuse or neglect is substantiated; or

     (b) The allegation of abuse or neglect is unsubstantiated.

     2.  The agency which provides child welfare services shall enter the findings of the investigation in the central registry established pursuant to NRS 432.100.

     3.  When a finding of confirmed abuse or neglect of a child by the person responsible for the welfare of the child has been made, the agency which provides child welfare services shall:

     (a) Provide written notification to the person concerning his right to appeal the finding; and

     (b) Provide information on the appeals process.

     4.  A request for an appeal must be made in writing to the agency within 15 days after the date on which the written notification is sent.

     5.  A hearing that is held pursuant to this section must be conducted in accordance with chapter 233B of NRS.

     6.  A communication or request relating to information contained in the central registry established pursuant to NRS 432.100 must be retained in the manner set forth in chapter 239 of NAC.

     7.  As used in this section:

     (a) “Substantiated” means that a report made pursuant to NRS 432B.220 was investigated and that credible evidence of the abuse or neglect exists.

     (b) “Unsubstantiated” means that a report made pursuant to NRS 432B.220 was investigated and that no credible evidence of the abuse or neglect exists. The term includes efforts made by an agency which provides child welfare services to prove or disprove an allegation of abuse or neglect that the agency is unable to prove because it was unable to locate the child or the person responsible for the welfare of the child.

     [Welfare Div., Standards for Child Protective Services part Art. III-C, eff. 9-11-87; A 10-19-90]—(NAC A by Div. of Child & Fam. Services, 7-8-96; R221-97, 6-5-98; R068-99, 11-8-99; R045-02, 7-23-2002)

CHILD WELFARE SERVICES AND CUSTODY

      NAC 432B.180  Assessments of risk required. (NRS 432B.190)  An assessment of risks to a child must be conducted and considered as part of each significant decision made in a child welfare case. Those decisions include the provision of child welfare services for the child, from intake through case closure. The assessment must be future-oriented rather than based solely on the child’s injuries or current condition.

     [Welfare Div., Standards for Child Protective Services part Art. III-D, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.185  Assessments of safety of child required. (NRS 432B.190)  The agency which provides child welfare services shall assess the safety of a child who is the subject of a report made pursuant to NRS 432B.220 or an investigation initiated pursuant to NRS 432B.260 at each phase of intervention in which child welfare services are provided. Those phases include, without limitation:

     1.  The initial intake for protective services performed by the agency;

     2.  The initial face-to-face contact with the child;

     3.  Any time the agency is considering removal of the child from the custody of his parents;

     4.  Before any unsupervised visitations between the child and his parents;

     5.  Before returning the child to the custody of his parents;

     6.  Any time a significant event or change occurs that affects the household of a parent of the child or a foster parent or other provider of substitute care for the child, including, without limitation, a birth, marriage, death or major illness;

     7.  Before each court review conducted by a court pursuant to NRS 432B.580 or 432B.590;

     8.  Any time, as determined by the agency, there is an indication that the safety of the child may be jeopardized;

     9.  After reunification of the family of the child; and

     10.  The closure of a case for the provision of child welfare services to a child.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.190  Requirements for case plans and agreements with parents. (NRS 432B.190)

     1.  When it is decided that a case is to be opened for the provision of child welfare services to a child, the caseworker must assume responsibility for planning the child welfare services to be provided, whether the child remains at home, goes into foster care, or is in temporary out-of-home protective custody. It is the responsibility of the caseworker to determine the long-range and short-range goals to be achieved for the protection of the child and the improvement of his care.

     2.  All child welfare services must be delivered in a planned manner. Each case must have a written case plan which identifies barriers to the provision of a safe environment for the child, clarifies responsibilities of the involved persons to address those barriers, and defines the overall goals of the case and the step-by-step proposed actions of all persons to reach the goal within a specified time. Each case plan must be reviewed and signed by the supervisor of the caseworker and updated at least every 6 months. Each case plan must include identifying information, a statement of the goal, objectives and activities of the case, and the time to meet each goal, objective and activity. Case plans must be realistically related to the familial situation, safeguard the child, and help the parents to gain the confidence and capacity to care appropriately for their child, and be sufficiently flexible to allow changes in the situation and the use of the services based on a continuing reevaluation of how the child is being affected.

     3.  Parents must be encouraged to participate in the development of a written agreement for services, which must be for a specified period of not less than 45 nor more than 90 days, to engage in a set of processes for receiving resources.

     [Welfare Div., Standards for Child Protective Services part Art. III-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.200  Use of family’s strengths and resources. (NRS 432B.190)  When providing child welfare services to a child, a caseworker shall engage the child’s family in using its own strengths and resources throughout the process for planning services, by:

     1.  Fully exploring the needs of the child’s family and alternatives to separation of the family;

     2.  Identifying each family member’s strengths and using those strengths in the process of solving problems;

     3.  Developing individualized goals for services and treatment, time-limited steps to accomplish these goals, and target dates for their evaluation and completion;

     4.  Exploring and selecting remedial measures and resources which are based on differential use of methods of social work in accordance with varying family needs and dynamics;

     5.  Explaining the family’s strengths and needs to the community resources that are serving the family so that their approaches or responses to the family can be modified; and

     6.  Preparing the family for the use of resources and plans for monitoring and follow-up.

     [Welfare Div., Standards for Child Protective Services part Art. III-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.210  Strengthening parental capacity to care for children.  A caseworker’s role in strengthening the parental capacity to care for their children includes:

     1.  The promotion of the parents’ strengths and self-esteem by using a humanistic approach and viewing work together as a partnership or joint venture;

     2.  The selection and application of various modalities of treatment appropriate to the needs and strengths of the parents, such as crisis intervention, casework, groupwork, and marital and family therapy;

     3.  The maintenance of relationships with the family by being direct and active, and responding immediately to points of family crisis;

     4.  The capacity to balance the parents’ needs for dependency with those for independency;

     5.  The commitment to seek supervisory or specialized professional consultation regarding the progress toward case goals; and

     6.  The preparation of the family whenever a transfer to another caseworker or provider of services is necessary.

     [Welfare Div., Standards for Child Protective Services part Art. III-E, eff. 9-11-87]

      NAC 432B.220  Objectives for children. (NRS 432B.190)  A caseworker shall promote the right of a child to be with his family, fully exploring all alternatives to placement of the child outside his home. When temporary placement is necessary, it is to be made as close to the child’s home as possible, with immediate plans established for the child’s return home. When the child cannot be returned to his home, the caseworker shall seek a permanent alternative for the child. To carry out these objectives, there must be:

     1.  Implementation of a specific plan of services that is responsive to the child’s needs and strengths, with active involvement of the parents in the planning process;

     2.  Delineation, within the plan of services, of specific goals, steps to accomplishment, and target dates for completion and evaluation;

     3.  Full use of any community resources necessary to meet the child’s needs; and

     4.  An arrangement of regular and frequent visits with his parents and siblings for a child who is placed out of his home.

     [Welfare Div., Standards for Child Protective Services part Art. III-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.230  Interagency agreements with related agencies. (NRS 432B.190)  An agency which provides child welfare services shall establish interagency agreements with related agencies, including, without limitation, other public agencies providing social services, public agencies providing community services for mental health, public agencies providing housing, public agencies providing preparation for employment, courts, agencies of law enforcement, health departments, schools and private agencies, to ensure that cooperative and mutually facilitative services are provided to children and families.

     [Welfare Div., Standards for Child Protective Services part Art. III-G, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R221-97, 6-5-98; E001-01, 6-28-2001; R083-01, 10-31-2001; R045-02, 7-23-2002)

      NAC 432B.240  Provision of services to preserve family and prevent placement of child. (NRS 432B.190)  An agency which provides child welfare services shall:

     1.  Provide a range of services and commit its resources to preserve a child’s family and prevent inappropriate placement of the child outside his home. The agency is not required to make efforts to prevent placement of a child outside his home if there is reasonable cause to believe that immediate action is necessary to protect the child from serious injury, abuse or neglect.

     2.  Make available, through its own resources, by purchase or by referral to another agency, a full range of services designed to prevent placement, including:

     (a) Social work and counseling;

     (b) Psychological services;

     (c) Economic assistance, including emergency short-term funding;

     (d) Preparation for employment, including training and education;

     (e) Information regarding housing and transportation;

     (f) Homemaking services;

     (g) Medical services, including outpatient psychiatric care;

     (h) Care of children during the day;

     (i) Parental education and support groups;

     (j) Respite care;

     (k) Services for the treatment of substance abuse; and

     (l) Services to victims of domestic violence or treatment of persons who commit domestic violence.

     [Welfare Div., Standards for Child Protective Services part Art. III-E, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.250  Voluntary placement of child. (NRS 432B.190, 432B.360)

     1.  The decision to seek voluntary placement of a child in foster care may be made only after a thorough discussion of resources available in the community, and an exploration of relatives as a resource for placement or other appropriate services to prevent an unnecessary placement in foster care.

     2.  The caseworker and the caretaker shall enter into a written agreement specifying the length of placement, which may not exceed 180 days, and a plan of action for the return of the child. Copies of such a voluntary agreement must be provided to all parties to the agreement.

     3.  When the return of the child to the family is the plan, work must continue with the parents during and after placement to help them use their potential strengths to make the home safer and better for the child, integrating plans for placement with the goals of child welfare services. The caseworker must ascertain whether care of the child has improved in such a manner as to meet the essential standards of child care and to consolidate the gains that have been made.

     [Welfare Div., Standards for Child Protective Services part Art. III-H, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.260  Determination to take child into protective custody.

     1.  Before taking a child into temporary protective custody, an agency which provides child welfare services must determine the risk to the child if temporary protective custody is not taken and the child is left in the custody of his or her parents. The staff of the agency must consider:

     (a) Whether there is a history of severe abuse or neglect in the family.

     (b) Whether current abuse or neglect is severe.

     (c) Whether the potential for future severe abuse or neglect is high.

     (d) Whether the physical environment poses an immediate threat to the child’s life and health.

     (e) Whether the child is in need of immediate medical attention.

     (f) Whether the parents are likely to flee the jurisdiction with the child.

     (g) The ability and willingness of the parents to protect and care for the child.

     (h) The ability of the child to care for himself.

     2.  If a child is in imminent danger, he must be taken into protective custody before proceeding with the investigation or at whatever point in the process it becomes necessary.

     [Welfare Div., Standards for Child Protective Services part Art. III-H, eff. 9-11-87]

      NAC 432B.261  Factors in consideration of permanent placement of child. (NRS 432B.190)  For a hearing concerning the permanent placement of a child to be held pursuant to NRS 432B.590, the agency which provides child welfare services shall make its recommendation to the court as to the most appropriate placement of the child based on the consideration by the agency which provides child welfare services of:

     1.  Whether the child should be returned to his parents;

     2.  Whether the child should be placed for adoption and the agency which provides child welfare services should file a petition for termination of parental rights;

     3.  Whether the child should be referred for legal guardianship; or

     4.  In cases where the agency which provides child welfare services has documented to the court a compelling reason for determining that it is not in the best interests of the child to return home, whether the child should be:

     (a) Referred for termination of parental rights;

     (b) Placed for adoption;

     (c) Placed with a fit and willing relative;

     (d) Placed with a legal guardian; or

     (e) Placed in another planned permanent living arrangement.

     (Added to NAC by Div. of Child & Fam. Services by R068-99, eff. 11-8-99; A by R045-02, 7-23-2002)

      NAC 432B.262  Termination of parental rights. (NRS 432B.190)  The agency which provides child welfare services shall file a petition for the termination of the parental rights of the parents of a child who has been in foster care under the responsibility of the state and for whom the presumption that the best interests of the child would be served by the termination of parental rights has become effective pursuant to subsection 4 of NRS 432B.590 unless:

     1.  The child has been placed with a relative at the option of the agency which provides child welfare services;

     2.  The agency which provides child welfare services has documented in the case plan available for court review a compelling reason for determining that filing such a petition would not be in the best interests of the child; or

     3.  The agency which provides child welfare services has not, in accordance with NRS 432B.393, provided to the family of the child, consistent with the time set forth in the case plan, such services as are determined by the agency which provides child welfare services to be necessary for the safe return of the child to the child’s home.

     (Added to NAC by Div. of Child & Fam. Services by R068-99, eff. 11-8-99; A by R045-02, 7-23-2002)

      NAC 432B.2625  Permanent placement of child. (NRS 432B.190)

     1.  After a petition for termination of the parental rights has been filed pursuant to NAC 432B.262, the caseworker assigned to the child and the supervisor of the caseworker shall document any progress made towards completing an adoption or plan for the permanent placement of the child, giving preference to prospective parents to whom the child is known.

     2.  If a child has not been placed into an adoptive home within 90 days after the termination of parental rights, the agency which provides child welfare services shall:

     (a) Identify and document the obstacles to placement of the child; and

     (b) Specify the steps that will be taken to find an appropriate home for the child.

     3.  The information set forth in subsection 2 must be reported to the court at the hearing conducted pursuant to NRS 432B.590.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.263  Inquiry to determine whether child is Indian child; recording of information provided; verification of inquiries. (NRS 432B.190, 432B.397)

     1.  For the purposes of complying with the provisions of NRS 432B.397, the agency which provides child welfare services shall, upon taking a child into protective custody, ask a parent, legal guardian or relative of the child, if available, whether the child is an Indian child.

     2.  If the parent, legal guardian or relative of the child indicates that the child is or may be an Indian child, the agency shall ask the person to provide the following information:

     (a) The name and location of the tribe to which the child belongs;

     (b) The enrollment number of the child, if the tribe to which the child belongs has assigned such a number;

     (c) Whether the child has resided or been domiciled on a reservation or has been a ward of a tribal court;

     (d) The name, including the maiden name, if any, and the enrollment number of each Indian relative of the child, including, but not limited to, the parents and grandparents of the child;

     (e) The enrollment number of each Indian relative of the child, including, but not limited to, the parents and grandparents of the child, if the tribe to which the relative belongs has assigned such a number; and

     (f) If the child is an Alaskan native, the name of the child’s village or regional corporation.

     3.  The agency shall record, in writing, the information provided by a parent, legal guardian or relative pursuant to this section.

     4.  The agency shall provide the court with verification that the inquiries set forth in subsections 1 and 2, as applicable, were made for each child for whom a petition has been filed.

     5.  As used in this section, “Indian child” has the meaning ascribed to it in NRS 432B.067.

     (Added to NAC by Div. of Child & Fam. Services, eff. 7-8-96; A by R045-02, 7-23-2002)

      NAC 432B.270  Notification of need for criminal investigation.  An agency which provides child welfare services shall notify an agency of law enforcement whenever there appears to be a need for criminal investigation, including circumstances such as when:

     1.  A child is severely assaulted;

     2.  A child is systematically tortured;

     3.  A parent’s reckless disregard for a child’s safety causes serious injury;

     4.  The physical conditions of a home are so dangerous as to pose an immediate threat of serious injury;

     5.  A child is sexually abused or sexually exploited;

     6.  A parent is purposely or systematically withholding essential food or nourishment from a child;

     7.  A parent refuses to obtain or consent to medical or psychiatric care for a child;

     8.  A parent appears to be out of touch with reality;

     9.  A parent abandons a child; or

     10.  There is reason to suspect a parent may flee with a child.

     [Welfare Div., Standards for Child Protective Services part Art. III-G, eff. 9-11-87]

      NAC 432B.280  Referral of cases to court; provision of pamphlet to person responsible for child’s welfare; assistance of guardian or advocate appointed by court.

     1.  The decision to take court action must be made when it is the only way to help a child and his parents, and:

     (a) There is danger to the child;

     (b) The parents are inaccessible to help by a social worker in assuming appropriate parental responsibility;

     (c) The parents cannot explain severe injuries to young children; or

     (d) The family may be helped with the child in placement.

     2.  Court action must be taken promptly when:

     (a) It is considered necessary to make a more suitable plan for the care of a child;

     (b) The child’s parents do not recognize the authority of an agency which provides child welfare services; and

     (c) There is sufficient legal evidence of harm to the child to sustain a court petition.

     3.  Upon taking a child into protective custody, the agency which provides child welfare services shall provide to the person who is responsible for the child’s welfare, at the time of the child’s placement in protective custody, a copy of the pamphlet described in paragraph (k) of subsection 1 of NRS 432B.190.

     4.  When the court appoints a guardian ad litem or special advocate for a child, an agency which provides child welfare services shall give the guardian ad litem or special advocate access to all reports and records relevant to the case.

     [Welfare Div., Standards for Child Protective Services part Art. III-G, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services, 7-8-96)

      NAC 432B.290  Notification of noncustodial and joint custodial parents.

     1.  When a protective custody, foster care, out-of-home placement or court hearing is initiated, an agency which provides child welfare services shall attempt to notify a noncustodial or joint custodial parent through:

     (a) A letter to his last known address, return receipt requested; and

     (b) Contact by telephone, if his telephone number is known by the agency, followed by a letter.

     2.  The agency shall require a custodial parent to furnish information related to the location of a noncustodial parent.

     [Welfare Div., Standards for Child Protective Services part Art. III-H, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services, 7-8-96)

      NAC 432B.300  Resolution of grievances. (NRS 432B.190)

     1.  An agency which provides child welfare services shall establish and maintain a procedure for the review of a grievance of an applicant for or recipient of its services.

     2.  An applicant for or recipient of the services of an agency which provides child welfare services who wishes to obtain a review of a grievance concerning an action or decision of the agency affecting the services that may or are being provided to the applicant or recipient must file a written request with the agency which provides child welfare services within 30 days after the date on which the action or decision that is the subject of the grievance occurred or was made.

     3.  A grievance must not be resolved through a process of review established pursuant to this section if:

     (a) The applicant or recipient is entitled to a hearing because the grievance constitutes a contested case as defined in NRS 233B.032;

     (b) The matter which is the subject of the grievance is presently the subject of a proceeding before a court of competent jurisdiction;

     (c) The applicant or recipient has initiated an action or proceeding in a court of competent jurisdiction to resolve the matter which is the subject of the grievance; or

     (d) The subject of the grievance has already been decided by a court of competent jurisdiction.

     [Welfare Div., Standards for Child Protective Services part Art. II-H, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.310  Termination of services and closure of cases. (NRS 432B.190)

     1.  If a child is found to be neglected, abused or exploited, services must be continued until the child is receiving proper care at home or elsewhere.

     2.  Cases must be continually assessed for achievement of the goals and objectives of the case plan. Services must be terminated when:

     (a) The caseworker, in conference with his supervisor, determines that the goal of the case has been achieved;

     (b) The child is receiving care that meets at least his minimum needs, and the parents have demonstrated their ability to continue to care for the child without the agency’s services;

     (c) The family requests termination and the case is one of voluntary child welfare services only;

     (d) The court disposition is dismissal;

     (e) The family can sustain adequate care;

     (f) It is determined that the family is unable to benefit from further services and there is no immediate likelihood of an occurrence of abuse or neglect;

     (g) The family cannot be located in the state and reasonable efforts to locate the family in another state have failed so that referral procedures cannot be followed;

     (h) The applicant for services or the client is deceased and no other children in the family are at risk of abuse or neglect;

     (i) An adolescent client marries, reaches 18 years of age or becomes emancipated;

     (j) The family moves out of the state and the case is referred to the other state for child welfare services; or

     (k) The family refuses services and no legal alternative is available to the agency.

     3.  At all times, an effort must be made to involve the client in helping to make the decision to terminate services.

     4.  Except as otherwise provided in NAC 432B.315, after an assessment of safety and an assessment of risks of future harm to a child have been completed, if it has been determined that:

     (a) The child is safe;

     (b) The risk of future harm to the child is minimal; and

     (c) The parent is protecting the child,

the case may be closed.

     [Welfare Div., Standards for Child Protective Services part Art. I-C + Act. III-I, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.315  Closure of case concerning child adjudicated to be in need of protection; visitation of home of child in protective custody. (NRS 432B.190)

     1.  Except as otherwise provided in this subsection, to ensure the safety of the child, an agency which provides child welfare services shall not close a case concerning a child if a court of competent jurisdiction has ruled in an adjudicatory hearing that the child is in need of protection. The agency which provides child welfare services shall not close the case for at least 6 months after it is opened unless instructed to do so by the court.

     2.  A caseworker shall visit the home of each child who is placed into protective custody at least monthly.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.320  Maintenance of case records.

     1.  Case records must be kept in such a manner as to present a current and continuous account of the nature of any responsibility taken by an agency which provides child welfare services in providing services for each neglected or abused child, and to provide necessary material for evaluation by supervisory and administrative staff.

     2.  Case records must include:

     (a) Clear and specific material pertinent to the child’s situation and the function of the agency, including at least identifying data, the source of referral, the reasons for referral and the social work performed.

     (b) An assessment of the family that clearly indicates the professional evaluation of the problem, the plan for social work, goals for the child and family, and periodic assessments of progress in carrying out the plan and achieving the goals.

     (c) The following identifying information:

          (1) The child’s name, gender and address.

          (2) The child’s date of birth.

          (3) The parent’s name and address.

          (4) The addresses of other members of the family.

          (5) The legal status of the child.

     (d) Reporting forms.

     (e) The initial complaint.

     (f) Information on the alleged perpetrator and the identification of potential witnesses.

     (g) The findings and results of the investigation.

     (h) Any applicable actions by, reports to and orders of a court.

     (i) Notifications to parents.

     (j) Summaries of contacts.

     (k) Collateral contacts, reports and correspondences.

     (l) The case plan, assessment and social diagnosis.

     (m) The criteria for case closure.

     (n) Documentation of services provided to prevent placement, when applicable.

     (o) A narrative regarding termination of services.

     [Welfare Div., Standards for Child Protective Services part Art. IV, eff. 9-11-87]

RESIDENTIAL INSTITUTIONS

      NAC 432B.330  “Residential institution” defined.  As used in NAC 432B.330 to 432B.370, inclusive, unless the context otherwise requires, “residential institution” means a facility which provides care to a child on a 24-hour basis and which is operated by a public agency or private person, including facilities for the training and detention of youth, institutions for child care, facilities for mental health and mental retardation, boarding schools, residential programs for alcohol and drug abuse, group and family foster homes, and nursing homes caring for a child.

     [Welfare Div., Standards for Child Protective Services part Art. IX-B, eff. 9-11-87]

      NAC 432B.340  Responsibility for consequences to children.  Residential institutions are responsible for:

     1.  Knowing the possible consequences of their actions or failure to act regarding children in their care, including the possible consequences to an individual child when, because of the child’s circumstances, the possible consequences to him are greater than they would be to most children.

     2.  Providing the resources needed to prevent foreseeable harm to children. Not having the resources needed to prevent harm or threatened harm does not make the consequences accidental for the purposes of NRS 432B.020.

     [Welfare Div., Standards for Child Protective Services part Art. IX-B, eff. 9-11-87]

      NAC 432B.350  Reporting of abuse or neglect; action by agency which provides child welfare services. (NRS 432B.190)

     1.  Residential institutions may establish internal procedures for reporting the suspected abuse or neglect of a child. However, such procedures do not relieve any person from the requirements of NRS 432B.220.

     2.  An agency which provides child welfare services shall determine if such a report received from a residential institution indicates that the safety of the child is or may be compromised and that an immediate intervention is needed to protect the child. If the assessment indicates that the child may not be safe in this environment, the agency shall take such action as it determines is necessary to protect the child. The action taken by the agency to protect the child may include, without limitation, removing the child pending an investigation or requesting that the institution remove the alleged perpetrator or limit the access of the alleged perpetrator to the child until an investigation is completed.

     [Welfare Div., Standards for Child Protective Services part Art. IX-C, eff. 9-11-87]—(NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002)

      NAC 432B.360  Investigation of report of abuse or neglect.  An agency which provides child welfare services shall:

     1.  Unless contraindicated, advise the director, operator or administrator of a residential institution that a report has been received regarding the abuse or neglect of a child in the institution’s care and that an investigation will be conducted.

     2.  Ensure the safety of the alleged victim and of any other child who may be threatened with harm.

     3.  Determine if the report initially appears valid or is an operational or regulatory issue.

     4.  Determine if a team needs to be mobilized pursuant to NRS 432B.350.

     5.  Except as otherwise provided in this subsection, notify the agency, court, parent or other person legally responsible for a child involved in the complaint or investigation if the report appears to be valid. If a team is organized pursuant to NRS 432B.350, the team has the responsibility for seeing that the agency, court or person legally responsible for the child involved in the report is notified that an investigation is to be conducted. If the child is a ward of an agency or court, that agency or court is responsible for notifying the child’s parents or other appropriate persons.

     6.  Refer areas of concern that do not involve the abuse or neglect of a child to the licensing or regulatory agency.

     [Welfare Div., Standards for Child Protective Services part Art. IX-D, eff. 9-11-87; A 10-7-88]

      NAC 432B.370  Duties of team organized to investigate report of abuse or neglect.  A team organized pursuant to NRS 432B.350 shall, in conjunction with any agency of law enforcement whose involvement is appropriate, complete an investigation to determine:

     1.  The immediate safety of the alleged victim and the safety of other children in a residential institution involved in a report of the abuse or neglect of a child, if such issues are not addressed pursuant to NAC 432B.360.

     2.  Whether the report of abuse or neglect in the residential institution is substantiated.

     3.  If abuse or neglect occurred:

     (a) Whether the perpetrator can be identified.

     (b) Whether the facility is administratively responsible for the abuse or neglect.

     (c) Whether the underlying causes of the abuse or neglect can be corrected administratively and, if so, to what extent.

     [Welfare Div., Standards for Child Protective Services part Art. IX-D, eff. 9-11-87]

SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES

      NAC 432B.400  Case plan for child receiving foster care; reports regarding child placed outside state where parents reside. (NRS 432B.190)

     1.  The agency which provides child welfare services shall develop a written case plan for a child within 45 days after the date on which the child is removed from his home. The case plan:

     (a) Must:

          (1) If possible, be developed jointly with a parent or guardian of the child who is receiving foster care;

          (2) Be developed with input from the child if the agency which provides child welfare services determines it is appropriate, based on the age and stage of development of the child; and

          (3) Be developed with input from the foster parent caring for the child.

     (b) Must include a plan to ensure that:

          (1) The care that the child receives is safe and proper; and

          (2) The parent or guardian of the child receives services to improve the condition of the home as well as to facilitate the safe return of the child to his home or another permanent placement; and

     (c) Must be updated at least once every 6 months and submitted to the court with the report required by NRS 432B.580.

     2.  The case plan developed pursuant to subsection 1 must include:

     (a) A statement addressing the long-term goals of the plan, including reunification of the child and his family, permanent placement of the child with a relative, placement of the child for adoption, placement of the child into a legal guardianship or placement of the child into another permanent living arrangement;

     (b) A projected time by which these goals should be achieved;

     (c) A description of the current strengths of the family and the needs which must be satisfied to achieve these goals;

     (d) A description of services offered or provided to prevent removal of the child from his home and to reunify the family of the child;

     (e) A description of the type of home or institution in which the child is placed;

     (f) A description of the safety and appropriateness of the placement to ensure that the child receives proper care, including, without limitation, a description of the manner in which the agency will accomplish this goal;

     (g) A description of the manner in which the agency will ensure that services are provided to the child and the foster parents which address the needs of the child while in foster care, including, without limitation, the appropriateness of services that have been provided pursuant to the case plan;

     (h) A description, as applicable, of the programs and services which will assist a child in foster care who is 16 years of age or older prepare for the transition from foster care to independent living;

     (i) If the goal of the case plan is adoption or placement in another permanent home, a description of the steps that will be taken to finalize the adoption or placement, including any steps that will be taken to recruit adoptive parents through the use of electronic or other types of state, regional and national adoption exchanges, or by other means;

     (j) A description of the manner in which a placement will be made and the reasons that such a placement will be in the best interest of the child, with particular consideration given to a placement that is safe and in the least restrictive familial environment available;

     (k) In addition to the factors set forth in paragraph (j), if the goal of the case plan is reunification of the child and his family, the description provided pursuant to paragraph (j) must indicate that particular consideration will be given to a placement that is in close proximity to the home of the parent of the child;

     (l) If the child will be placed in a family foster home or institution for child care that is located a substantial distance from or in a different state than where the family of the child resides, a description of the reasons that such a placement will be in the best interest of the child;

     (m) If a child is placed in a family foster home or institution for child care that is located in a different state than where the parents of the child reside, a description of the frequency with which a caseworker from an agency that provides child welfare services and that is located in the state in which the child is placed or the state in which the parents of the child reside will visit the foster home or institution and will submit a report to the agency that provides child welfare services in the state in which the parents of the child reside;

     (n) A description of the efforts that will be made to place children who are siblings together;

     (o) A plan for family visitation, including, without limitation, visiting siblings if the siblings are not residing together;

     (p) A statement indicating that the proximity of the school in which the child was enrolled at the time that he was placed in foster care was considered as a factor in the selection of the placement for foster care; and

     (q) The health and education records of the child to the extent those records are available, including, without limitation:

          (1) The names and addresses of the providers of health care and education of the child;

          (2) The grade level at which the child performs;

          (3) Documentation of the immunizations that the child has had;

          (4) Documentation of any known medical or psychological problems of the child;

          (5) Documentation of any medications prescribed for the child; and

          (6) Such other health or educational information concerning the child as the agency which provides child welfare services determines is necessary.

     3.  The agency which provides child welfare services shall ensure that the report described in paragraph (m) of subsection 2 is submitted to the agency located in the county in which the parents of the child reside at least once every 12 months.

     4.  As used in this section:

     (a) “Education records” means a report card or other report of progress and an individual education plan, if applicable.

     (b) “Family foster home” has the meaning ascribed to it in NRS 424.013.

     (Added to NAC by Div. of Child & Fam. Services, eff. 5-14-96; A by R045-02, 7-23-2002)

      NAC 432B.405  Provision of services to child in foster care and his parents. (NRS 432B.190)

     1.  An agency which provides child welfare services shall ensure that:

     (a) A caseworker visits each child placed in foster care at least monthly;

     (b) At least bimonthly, the visit conducted pursuant to paragraph (a) takes place in the home in which the foster care is provided;

     (c) A caseworker spends at least a portion of each visit conducted pursuant to paragraph (a) alone with the child; and

     (d) A caseworker spends a portion of each visit conducted pursuant to paragraph (a) alone with the foster parent if requested to do so by the foster parent.

     2.  The caseworker shall document the results of each visit conducted pursuant to subsection 1.

     3.  When a child is in foster care, the agency which provides child welfare services shall ensure that services are delivered to the child and his parents in accordance with the terms of the case plan developed pursuant to NAC 432B.400. If the child or his parents refuse to participate in the services, the caseworker shall document the efforts used by the agency which provides child welfare services to involve the child and his parents in the services and the responses of the child and his parents to those efforts.

     4.  When a child is in foster care, the caseworker assigned to the child and the supervisor of the caseworker shall each document his review of the progress of the family of the child at least quarterly. Before a child is returned to the home of his parent, the caseworker shall:

     (a) Complete an assessment of the safety of the child using input from persons directly involved with the case; and

     (b) If he determines it is necessary, ensure that a safety plan is implemented.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.410  Provision of services to prepare child in foster care to live independently as adult. (NRS 432.032, 432B.190)

     1.  The agency which provides child welfare services shall provide services designed to prepare a child in foster care to live successfully and independently as an adult. These services will be provided to each child in foster care who:

     (a) Is 16 years of age or older;

     (b) Is likely to remain in foster care until he is 18 years of age; and

     (c) Demonstrates a willingness to participate in such services.

     2.  Within 6 months of a child’s eligibility to receive the services related to independent living pursuant to this section, the agency which provides child welfare services shall assess the child’s skills related to independent living.

     3.  The agency which provides child welfare services shall ensure that each child in foster care who is eligible for services related to independent living pursuant to this section has a written case plan for his transitional independent living based on the assessment of his skills made pursuant to subsection 2.

     4.  The agency which provides child welfare services shall discontinue services related to independent living provided to the child pursuant to this section and any other assistance which it is providing to the child if:

     (a) The child has achieved self-sufficiency to the extent that financial support or the services of the agency which provides child welfare services are no longer needed by the child;

     (b) The child refuses to participate further in services related to independent living, or refuses further financial assistance; or

     (c) Has demonstrated a general inability or unwillingness to comply with the requirements for the services related to independent living or with the terms of an agreement for independent living.

     (Added to NAC by Div. of Child & Fam. Services, eff. 5-14-96; A by R045-02, 7-23-2002)

      NAC 432B.420  Semiannual assessment of child in custody of agency. (NRS 432B.190)

     1.  The agency which provides child welfare services shall complete an assessment for each child in the custody of the agency which provides child welfare services at least semiannually. The assessment must include:

     (a) The current level of functioning of the child’s family;

     (b) An update of the history of the family as it pertains to the risk which prompted the placement of the child into foster care;

     (c) The current risk to the child if he were to be returned to the custody of his parents or legal guardian;

     (d) The services required to meet the child’s needs as addressed in the case plan;

     (e) The strengths and resources of the family of the child which can be used to meet the identified needs; and

     (f) Any other information which may affect the factors set forth in paragraphs (a) to (e), inclusive, of this subsection.

     2.  The agency which provides child welfare services shall base its assessment of the child and his family on:

     (a) Direct interviews with family members of the child;

     (b) Personal observation of the interaction, at home and within the community, between the child and his family members;

     (c) A review of written materials, including records of the case, medical records of the child, school records and records of the appropriate law enforcement agencies;

     (d) Contacts which the members of the child’s family may have with other agencies; and

     (e) The results of referrals of family members for a specialized evaluation by a qualified professional.

     (Added to NAC by Div. of Child & Fam. Services, eff. 5-14-96; A by R045-02, 7-23-2002)

      NAC 432B.430  Placement of child in unlicensed home of relative: General requirements. (NRS 432B.190)

     1.  Before an agency which provides child welfare services places a child who is in the custody of the agency in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state, the requirements set forth in this section and NAC 432B.435 must be satisfied.

     2.  Each member of a household described in subsection 1 who is 18 years of age or older must submit to the agency which provides child welfare services or its approved designee a complete set of his fingerprints and written permission authorizing the agency 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 agency or its approved designee may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted. 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 agency or its approved designee.

     3.  A local law enforcement agency must have provided to the agency which provides child welfare services a satisfactory report concerning each member of such a household who is 18 years of age or older.

     4.  The agency which provides child welfare services must have received a satisfactory clearance through the statewide central registry established pursuant to NRS 432.100 on each member of such a household who is 18 years of age or older.

     5.  The home must satisfy the requirements set forth in:

     (a) NAC 424.400 for safety equipment, including, without limitation, smoke detectors and fire extinguishers; and

     (b) NAC 424.420, as applicable, relating to pools and spas.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.435  Placement of child in unlicensed home of relative: Restrictions on placement. (NRS 432B.190)

     1.  A child who is in the custody of an agency which provides child welfare services must not be placed in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state, if the relative of the child or any member of the household who is 18 years of age or older has a felony conviction for, has charges pending against him for a felony conviction for, or has been arrested and is awaiting final disposition of the charges pending against him for a felony conviction for:

     (a) Child abuse or neglect;

     (b) Spousal abuse;

     (c) Any crime against children, including, without limitation, child pornography;

     (d) Any crime involving violence other than an offense set forth in paragraph (e), including, without limitation, rape, sexual assault or homicide; or

     (e) Assault, battery or a drug-related offense, if the assault, battery or drug-related offense was committed within the last 5 years,

unless the administrator or designee of the administrator approves the placement. The administrator or his designee may approve the placement if such an approval is in the best interest of the child.

     2.  A child who is in the custody of the agency which provides child welfare services must not be placed in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state, if the relative of the child or any member of the household who is 18 years of age or older:

     (a) Has been convicted of a crime involving harm to a child other than a crime set forth in subsection 1;

     (b) Has charges pending against him for a crime involving harm to a child other than a crime set forth in subsection 1; or

     (c) Has been arrested and is awaiting final disposition of the charges pending against him for a crime involving harm to a child other than a crime set forth in subsection 1,

unless the administrator or designee of the administrator approves the placement.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

      NAC 432B.440  Placement of child in unlicensed home of relative: Assessment of safety of child at time of initial placement. (NRS 432B.190)  The agency which provides child welfare services shall assess the safety of a child at the time of the initial placement in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state.

     (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)