[Rev. 11/21/2013 11:32:47 AM--2013]

CHAPTER 424 - FOSTER HOMES FOR CHILDREN

GENERAL PROVISIONS

NRS 424.010           Definitions.

NRS 424.012           “Division” defined.

NRS 424.013           “Family foster home” defined.

NRS 424.0135         “Foster care agency” defined.

NRS 424.014           “Foster home” defined.

NRS 424.015           “Group foster home” defined.

NRS 424.0153         “Independent living foster home” defined.

NRS 424.0157         “Juvenile court” defined.

NRS 424.016           “Licensing authority” defined.

NRS 424.017           “Provider of foster care” defined.

NRS 424.018           “Specialized foster home” defined.

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

FOSTER HOMES

NRS 424.020           Regulations concerning licensure; minimum standards and rules for regulation.

NRS 424.030           Requirements for regular or special license; renewal of such licenses; licensee to accept child placed by juvenile court; insurance required for specialized foster home and group foster home; information on license; regulations regarding special licenses.

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

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

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

NRS 424.034           Maintenance of certain records concerning employees and residents.

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

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

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

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

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

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

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

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

NRS 424.040           Inspection.

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

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

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

NRS 424.060           Removal of child from undesirable foster home.

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

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

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

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

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

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

NRS 424.090           Exemption from certain provisions of chapter.

FOSTER CARE AGENCIES

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

NRS 424.094           Licensing; fees.

NRS 424.095           Application for license; period of licensure; renewal of license.

NRS 424.096           Notice of hearing regarding license; actions authorized after notice and hearing; procedure upon appeal to district court.

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

NRS 424.099           Organization of foster care agency; governing body; appointment of person to provide oversight; requirements when organized out of state.

NRS 424.100           Penalty. [Replaced in revision by NRS 424.300.]

NRS 424.103           Duties of governing body.

NRS 424.107           Submission of information concerning foster care agency to licensing authority or designee.

NRS 424.115           Qualifications and duties of person appointed to oversee foster care agency; employment of staff; qualifications of certain staff.

NRS 424.125           Volunteers: Acceptance; plan for selection, training, supervision and assignment.

NRS 424.135           Orientation, training, supervision and evaluation of staff; written policies and procedures for personnel, services and programs required; maintenance of personnel records.

NRS 424.145           Licensing authority or designee to investigate background of certain persons; periodic additional investigations.

NRS 424.155           Person investigated to supply fingerprints; child abuse and neglect screening; exchange of information; report from Federal Bureau of Investigation; actions of licensing authority upon receipt of report.

NRS 424.165           Termination of person arrested for, charged with or convicted of certain crimes; correction of information.

NRS 424.170           Persons associated with foster care agency prohibited from engaging in certain activities with foster care agency.

NRS 424.180           Annual report; contents.

NRS 424.190           Recruitment of potential foster homes by foster care agency; training of providers of foster homes.

NRS 424.200           Coordination of licensing of prospective foster homes; fair and impartial investigation of such homes; licensing authority to review applications of foster homes and provide necessary training.

NRS 424.205           Contract between foster care agency and provider of foster care required in certain circumstances; contents.

NRS 424.210           Foster care agency which places children in specialized foster homes: Policies and procedures relating to such children; duties with respect to providers of foster care, child and biological family of child; written plan for alternative care in event of emergency.

NRS 424.220           Foster care agency which places children in independent living foster homes: Policies and procedures relating to such children; coordination with provider of foster care; orientation and training provided to child admitted to program for independent living.

NRS 424.230           Support to foster homes; duty to ensure that child receives appropriate treatment and adequate clothing; duty to periodically review foster homes without children for compliance with chapter and regulations; review of foster homes upon occurrence of certain critical events; annual evaluation of foster homes.

NRS 424.240           Duty to provide crisis intervention and assistance to foster homes; duty to train employees to handle crisis situations; duty to train providers to use certain techniques with children.

NRS 424.250           Providers prohibited from using physical restraints; exception; foster care agency to notify and provide report to licensing authority of serious incident, accident or injury; reports of possible violations; investigations.

NRS 424.260           Notification to licensing authority of certain placements; placements to comply with Interstate Compact on the Placement of Children or Interstate Compact for Juveniles; priority in assistance with placement.

NRS 424.270           Written plan to monitor and evaluate programs and services of foster care agency.

PENALTIES

NRS 424.300           Penalty.

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GENERAL PROVISIONS

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

      [Part 1:185:1939; 1931 NCL § 1061]—(NRS A 1961, 739; 1971, 1452; 1973, 1164; 1993, 2695; 1995, 1788; 2001 Special Session, 23; 2009, 1487; 2013, 1444)

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

      (Added to NRS by 1993, 2695)

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

      (Added to NRS by 1993, 2695; A 2001 Special Session, 23; 2011, 242; 2013, 1444)

      NRS 424.0135  “Foster care agency” defined.  “Foster care agency” means a business entity that recruits and enters into contracts with foster homes to assist an agency which provides child welfare services and juvenile courts in the placement of children in such foster homes.

      (Added to NRS by 2009, 1485; A 2013, 1444)

      NRS 424.014  “Foster home” defined.  “Foster home” means a home that receives, nurtures, supervises and ensures routine educational services and medical, dental and mental health treatment for children. The term includes a family foster home, specialized foster home, independent living foster home and group foster home.

      (Added to NRS by 1993, 2695; A 2009, 1487; 2013, 1444)

      NRS 424.015  “Group foster home” defined.  “Group foster home” means a foster home which provides full-time care and services for 7 to 15 children who are:

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

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

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

      (Added to NRS by 1993, 2695; A 2001 Special Session, 23; 2011, 242; 2013, 1444)

      NRS 424.0153  “Independent living foster home” defined.  “Independent living foster home” means a foster home which provides assistance with the transition to independent living for children who have entered into an agreement to transition to independent living and for children who:

      1.  Are at least 16 years of age but less than 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;

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

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

      (Added to NRS by 2013, 1434)

      NRS 424.0157  “Juvenile court” defined.  “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (Added to NRS by 2013, 1434)

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

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

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

      (Added to NRS by 2001 Special Session, 23)

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

      (Added to NRS by 1995, 1786; A 2001 Special Session, 23; 2013, 1444)

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

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

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

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

      4.  Are received, cared for and maintained for compensation or otherwise, including the provision of free care.

      (Added to NRS by 2009, 1486; A 2013, 1445)

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

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

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

      (Added to NRS by 2011, 2665)

FOSTER HOMES

      NRS 424.020  Regulations concerning licensure; minimum standards and rules for regulation.

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

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

      (b) Monitor such licensure.

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

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

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

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

      [Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 908; 1967, 1154; 1973, 1165, 1406; 1993, 2696; 2001 Special Session, 23; 2009, 1487; 2013, 1445)

      NRS 424.030  Requirements for regular or special license; renewal of such licenses; licensee to accept child placed by juvenile court; insurance required for specialized foster home and group foster home; information on license; regulations regarding special licenses.

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

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

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

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

      5.  A family foster home, a specialized foster home, an independent living foster home or a group foster home may not accept the placement of a child by a juvenile court unless licensed by the licensing authority to accept children placed by a juvenile court or otherwise approved to accept the placement by the licensing authority. A foster home that accepts the placement of such a child shall work cooperatively with the juvenile court, the licensing authority, any other children placed in the foster home and the legal guardian or other person or agency with legal authority over the child to ensure the safety of all children placed in the foster home. Nothing in this subsection shall be construed to allow the placement of a child that would otherwise be prohibited by subsection 7 of NRS 432B.390.

      6.  A license must not be issued to a specialized foster home or a group foster home unless the specialized foster home or group foster home maintains a policy of general liability insurance in an amount determined to be sufficient by the licensing authority.

      7.  The license must show:

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

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

      (c) The number of children that may be received and cared for at one time.

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

      (e) Whether the family foster home, specialized foster home, independent living foster home or group foster home is approved to receive and care for children placed by a juvenile court.

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

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

      [Part 1:185:1939; 1931 NCL § 1061] + [Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 909; 1965, 328; 1967, 1154; 1973, 1165, 1406; 1975, 76; 1993, 2696; 1995, 1788; 2001 Special Session, 24; 2009, 1488; 2013, 1445)

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

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

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

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

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

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

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

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

      (i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

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

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

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

      (Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session, 25; 2011, 243, 3545; 2013, 1446)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (Added to NRS by 2011, 3544)

      NRS 424.034  Maintenance of certain records concerning employees and residents.

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

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

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

      (c) Any other documentation of the information collected pursuant to NRS 424.031, 424.033 and 424.0335.

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

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

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

      (Added to NRS by 2011, 3544)

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

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

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

      (Added to NRS by 1995, 1787; A 2001 Special Session, 25; 2013, 1447)

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

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

      (a) Controlling the behavior of children;

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

      (c) The rights of children in the home;

      (d) Suicide awareness and prevention;

      (e) The administration of medication to children;

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

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

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

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

      (Added to NRS by 2007, 1189; A 2009, 1489; 2013, 1448)

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

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

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

      (Added to NRS by 2011, 1775)

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

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

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

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

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

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

      (Added to NRS by 1995, 1787; A 2001 Special Session, 25; 2013, 1448)

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

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

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

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

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

      (Added to NRS by 1995, 1787; A 2001, 1838; 2001 Special Session, 26; 2003, 236; 2013, 1448)

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

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

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

      (Added to NRS by 2011, 2665)

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

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

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

      (b) Administer medication to a child;

      (c) Store, handle and dispose of medication;

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

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

      (f) Address errors in the administration of medication.

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

      (Added to NRS by 2011, 1361; A 2013, 1449)

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

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

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

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

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

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

      [Part 2:185:1939; 1931 NCL § 1061.01]—(NRS A 1963, 909; 1967, 1154; 1973, 1166, 1406; 1993, 2698; 2001 Special Session, 26; 2009, 1489; 2013, 1449)

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

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

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

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

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

      (Added to NRS by 1995, 1787; A 2013, 1449)

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

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

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

      3.  A licensing authority may, upon request of the provider of foster care, release to an agency which provides child welfare services or a child-placing agency, as defined in NRS 127.220, all information, except references, in the records maintained by the licensing authority concerning that provider, including, without limitation, a study conducted to determine whether to grant a license to the provider or a study of the home of the provider.

      (Added to NRS by 1995, 1788; A 2001 Special Session, 26; 2013, 1449)

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

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

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

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

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

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

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

      1.  A provider of foster care may:

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

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

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

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

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

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

      (c) Refuse to consider future placements of children in the foster home; or

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

      (Added to NRS by 1995, 1786; A 2001 Special Session, 27; 2013, 1450)

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

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

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

      (Added to NRS by 1995, 1788; A 2001 Special Session, 27; 2013, 1450)

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

      1.  The child agrees to the visitation; and

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

      (Added to NRS by 1995, 1788; A 2001 Special Session, 27; 2003, 236; 2013, 1450)

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

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

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

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

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

      (Added to NRS by 1999, 897; A 2001 Special Session, 28; 2009, 1489; 2013, 1450)

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

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

      2.  Care is provided by the legal guardian.

      3.  Care is provided for an exchange student.

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

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

      6.  Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is related to the caregiver by blood, adoption or marriage.

      7.  Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS or a juvenile court pursuant to title 5 of NRS if:

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

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

      [Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1961, 739; 1973, 243; 1993, 74; 1995, 1789; 1999, 897; 2001 Special Session, 28; 2009, 515; 2011, 1361, 1776, 3546; 2013, 1451)

FOSTER CARE AGENCIES

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

      1.  Establish reasonable minimum standards for foster care agencies.

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

      (a) Regulations concerning foster care agencies, including, without limitation, a foster care agency which provides family foster care, specialized foster care, independent living foster care or group foster care for children placed by an agency which provides child welfare services or a juvenile court.

      (b) Regulations regarding the issuance and renewal of a license to operate a foster care agency.

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

      (Added to NRS by 2009, 1486; A 2013, 1451)

      NRS 424.094  Licensing; fees.

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

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

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

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

      (Added to NRS by 2009, 1486)

      NRS 424.095  Application for license; period of licensure; renewal of license.

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

      2.  An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the provisions of NRS 424.093 to 424.270, inclusive, and the regulations adopted by the Division pursuant thereto.

      3.  Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the provisions of NRS 424.093 to 424.270, inclusive, and the regulations adopted by the Division pursuant thereto.

      (Added to NRS by 2009, 1486; A 2013, 1451)

      NRS 424.096  Notice of hearing regarding license; actions authorized after notice and hearing; procedure upon appeal to district court.

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

      (a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not comply with the provisions of NRS 424.093 to 424.270, inclusive, and the regulations adopted by the Division pursuant thereto.

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

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

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

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

      (Added to NRS by 2009, 1487; A 2013, 1452)

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

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

      2.  Case management services;

      3.  Referral services;

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

      5.  Coordination of case plans and treatment plans; and

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

      (Added to NRS by 2009, 1487; A 2013, 1452)

      NRS 424.099  Organization of foster care agency; governing body; appointment of person to provide oversight; requirements when organized out of state.

      1.  A foster care agency must:

      (a) Be organized as a business entity that is registered with the Secretary of State and holds a valid state business license pursuant to chapter 76 of NRS;

      (b) Have a governing body, at least one member of which has knowledge of and experience in the programs and services offered by the foster care agency; and

      (c) Operate under articles of incorporation.

      2.  The governing body of a foster care agency must have a written constitution or bylaws which prescribe the responsibility for the operation and maintenance of the foster care agency and which must include, without limitation, provisions that:

      (a) Define the qualifications for and types of membership on the governing body;

      (b) Specify the process for selecting members of the governing body, the terms of office for the members and officers of the governing body and orientation for new members of the governing body;

      (c) Specify how frequently the governing body must meet; and

      (d) Specify prohibited conflicts of interest of members of the governing body and employees, volunteers and independent contractors of the foster care agency.

      3.  The governing body of a foster care agency shall appoint a person to provide oversight of the foster care agency who meets the qualifications described in NRS 424.115.

      4.  If the foster care agency is organized in another state, the governing body must meet at least once each year within this State or have a subcommittee whose members are residents of this State, one of whom is a member of the governing body, which is responsible to the governing body for ensuring that the foster care agency complies with the provisions of this chapter and any regulations adopted pursuant thereto.

      (Added to NRS by 2013, 1434)

      NRS 424.100  Penalty.  [Replaced in revision by NRS 424.300.]

 

      NRS 424.103  Duties of governing body.  The governing body of a foster care agency must be responsible for:

      1.  Ensuring that the foster care agency is and remains fiscally sound;

      2.  Overseeing the management and operations of the programs and services offered by the foster care agency;

      3.  Ensuring that the foster care agency remains in compliance with the rules and policies of the governing body; and

      4.  Ensuring that the foster care agency complies with the provisions of this chapter and any regulations adopted pursuant thereto.

      (Added to NRS by 2013, 1434)

      NRS 424.107  Submission of information concerning foster care agency to licensing authority or designee.  The governing body shall submit annually to the licensing authority or its designee:

      1.  The name, address, contact information, position held on the governing body and any other information required by the licensing authority of each member of the governing body;

      2.  A copy of the articles of incorporation, constitution and bylaws of the foster care agency;

      3.  Evidence satisfactory to the licensing authority that the foster care agency has the ability to financially support and sustain its activities, which may include, without limitation, financial statements and budgets;

      4.  A report from an independent auditor of the complete financial information for the foster care agency for the immediately preceding fiscal year;

      5.  A statement of purpose; and

      6.  An organizational chart or other chart that sets forth the structure of the foster care agency which includes, without limitation, a job description for each position listed in the chart.

      (Added to NRS by 2013, 1435)

      NRS 424.115  Qualifications and duties of person appointed to oversee foster care agency; employment of staff; qualifications of certain staff.

      1.  The person appointed to provide oversight of a foster care agency by the governing body of the foster care agency pursuant to NRS 424.099 must have:

      (a) A bachelor’s degree or more advanced degree from an accredited college or university; and

      (b) At least 7 years of experience in an agency or program which provides social services, including at least 3 years of experience as an administrator, supervisor or consultant.

      2.  The person appointed to provide oversight of a foster care agency is responsible for the day-to-day operations of the foster care agency, including, without limitation, employing such staff as he or she deems necessary to provide administrative services and services to families and children. The staff may include, without limitation:

      (a) Program supervisors who are responsible for the supervision of members of the staff and activities relating to foster care and for assisting in formulating and carrying out the policies and programs of the foster care agency. Each program supervisor must have a bachelor’s degree or more advanced degree from an accredited college or university and at least 3 years of experience in providing services to children and their families, including at least 1 year of experience as an administrator or supervisor.

      (b) Caseworkers who support the operations of the foster care agency, including, without limitation, to work with children and families, perform home studies, support service plans for individualized cases and treatments, prepare and maintain records and coordinate services for children and families. Each caseworker must have:

             (1) A bachelor’s degree from an accredited college or university in the field of social work or a field related to social work, which may include, without limitation, psychology, sociology, education or counseling; or

             (2) A bachelor’s degree from an accredited college or university in any field and at least 2 years of experience in providing services to children and their families.

      (Added to NRS by 2013, 1435)

      NRS 424.125  Volunteers: Acceptance; plan for selection, training, supervision and assignment.

      1.  The foster care agency may accept volunteers to provide certain specified services for the foster care agency. The foster care agency shall not rely solely upon volunteers to provide any service.

      2.  If the foster care agency accepts volunteers pursuant to subsection 1, the foster care agency must have a written plan for the selection, training, supervision and assignment of volunteers, and each volunteer who performs an activity that would otherwise be performed by a member of the staff must meet the same qualifications that would be required for the member of the staff.

      (Added to NRS by 2013, 1436)

      NRS 424.135  Orientation, training, supervision and evaluation of staff; written policies and procedures for personnel, services and programs required; maintenance of personnel records.

      1.  The foster care agency shall develop and carry out a written plan for the orientation, training, supervision and evaluation of members of the staff.

      2.  The orientation must include, without limitation, information on the policies and procedures of the foster care agency, goals for the programs and services of the foster care agency, the responsibilities of members of the staff and the provisions of this chapter and the regulations adopted pursuant thereto that relate to licensing. The training must include, without limitation, any training required by the licensing authority. Each member of the staff must be evaluated at least once each year.

      3.  The foster care agency shall maintain comprehensive written policies and procedures for the personnel, services and programs of the foster care agency and make the policies and procedures readily available to the members of the staff and to the licensing authority.

      4.  The foster care agency shall maintain comprehensive records for personnel that, upon request, must be made available to the licensing authority.

      (Added to NRS by 2013, 1436)

      NRS 424.145  Licensing authority or designee to investigate background of certain persons; periodic additional investigations.

      1.  The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

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

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

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

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

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

      (i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

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

      3.  The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.

      (Added to NRS by 2013, 1436)

      NRS 424.155  Person investigated to supply fingerprints; child abuse and neglect screening; exchange of information; report from Federal Bureau of Investigation; actions of licensing authority upon receipt of report.

      1.  Each applicant for or holder of a license to conduct a foster care agency, and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, must submit to the licensing authority or its approved designee:

      (a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.145; and

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

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

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

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

      5.  Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether the person has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145.

      6.  The licensing authority shall immediately inform the foster care agency whether an owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of the foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145.

      (Added to NRS by 2013, 1437)

      NRS 424.165  Termination of person arrested for, charged with or convicted of certain crimes; correction of information.

      1.  Upon receiving information from the licensing authority or its approved designee pursuant to NRS 424.155 or evidence from any other source that an owner, member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency who may come into direct contact with a child placed by the foster care agency has been arrested for, has charges pending for or has been convicted of a crime listed in NRS 424.145, the foster care agency shall terminate the employment, contract or volunteer activities of the person after allowing the person time to correct the information as required pursuant to subsection 2.

      2.  If a person believes that the information provided about him or her pursuant to subsection 1 is incorrect, the person must inform the foster care agency immediately. A foster care agency that is so informed shall give the person 30 days to correct the information.

      3.  During the period in which a person seeks to correct information pursuant to subsection 2, it is within the discretion of the foster care agency whether to allow the person to continue to be associated with the foster care agency, except that the person must not have contact with a child in any foster home without supervision during any such period.

      (Added to NRS by 2013, 1438)

      NRS 424.170  Persons associated with foster care agency prohibited from engaging in certain activities with foster care agency.  A member of the governing body, employee, consultant, contractor, volunteer or vendor of a foster care agency may not:

      1.  Be a provider of foster care who has a contract with the foster care agency for the placement of children unless approved by the licensing authority; or

      2.  Be a biological parent of a child in the custody of an agency which provides child welfare services or of a child placed by a juvenile court in a foster home operated by the foster care agency.

      (Added to NRS by 2013, 1438)

      NRS 424.180  Annual report; contents.

      1.  A foster care agency shall create and maintain an annual report concerning each program or service provided by the foster care agency.

      2.  The report must include, without limitation, a description of each program or service provided by the foster care agency, the goals for the program or service relating to family foster homes, specialized foster homes, independent living foster homes and group foster homes and information relating to any special populations of children served, including, without limitation, children who require special care for physical, mental or emotional issues or who were placed in a foster home by a juvenile court.

      (Added to NRS by 2013, 1439)

      NRS 424.190  Recruitment of potential foster homes by foster care agency; training of providers of foster homes.

      1.  A foster care agency may identify potential foster homes and encourage a potential foster home to apply to the licensing authority for a license to conduct a foster home.

      2.  A foster care agency shall ensure that each person with whom it contracts as a provider of foster care receives any training required by the provisions of this chapter or by the licensing authority, including, without limitation, specific training to meet the needs of a population that requires specific services.

      (Added to NRS by 2013, 1439)

      NRS 424.200  Coordination of licensing of prospective foster homes; fair and impartial investigation of such homes; licensing authority to review applications of foster homes and provide necessary training.

      1.  A foster care agency shall coordinate the submission of applications for the licensing of prospective foster homes with the licensing authority.

      2.  A foster care agency shall conduct a fair and impartial investigation of the home and standards of care for each prospective foster home.

      3.  Upon receiving a completed application for a prospective foster home from a foster care agency, the licensing authority must review the qualifications of the prospective foster home to be licensed pursuant to NRS 424.030.

      4.  The licensing authority may provide any training it determines to be necessary to a foster care agency for the foster care agency to fulfill the provisions of this section.

      (Added to NRS by 2013, 1439)

      NRS 424.205  Contract between foster care agency and provider of foster care required in certain circumstances; contents.

      1.  A foster care agency may not assist an agency which provides child welfare services or a juvenile court in the placement of a child in foster care unless a contract exists between the foster care agency and the provider of foster care for the placement of children. Such a contract must include, without limitation, provisions that:

      (a) Allow the provider of foster care to change its affiliation with the foster care agency or to terminate its affiliation with the foster care agency and become affiliated with a different foster care agency.

      (b) Specify the type of foster home and related services that the provider of foster care will provide on behalf of the foster care agency, including, without limitation, the services that each party agrees to provide for foster children, biological families and foster families.

      (c) Specify the financial responsibilities of each party, including, without limitation, payment for both foster care and for any other expenses or services rendered, including, without limitation, providing clothing for children in its care.

      (d) Waive the right of the provider of foster care to confidentiality relating to any investigations for licensing or child protective services and allow the agency which provides child welfare services and the licensing authority to share any related information about an investigation with the foster care agency after the investigation is completed.

      (e) State how emergencies which occur during and outside regular business hours will be handled.

      (f) Require arrangements to be made for foster children to have visitation with their biological families.

      (g) Describe expectations which ensure that children will receive appropriate medical, dental, mental health, psychological and psychiatric treatment, including, without limitation, how transportation will be provided.

      (h) Require the provider of foster care to adhere to the provisions of this chapter and the regulations adopted pursuant thereto relating to licensing.

      (i) State that the parties agree that the licensing authority maintains the responsibility to protect the best interests of each child, which may include removing a child from the placement with the provider of foster care if the licensing authority determines that removal is in the best interests of the child.

      (j) Include the acknowledgment by the parties of any provisions determined to be appropriate by the licensing authority.

      2.  The foster care agency, upon request, shall make each such contract available to the licensing authority within a reasonable period after receiving its request.

      (Added to NRS by 2013, 1439)

      NRS 424.210  Foster care agency which places children in specialized foster homes: Policies and procedures relating to such children; duties with respect to providers of foster care, child and biological family of child; written plan for alternative care in event of emergency.

      1.  A foster care agency which places children in a specialized foster home shall develop and carry out written policies and procedures relating to children placed in specialized foster homes which must include, without limitation:

      (a) The service and treatment philosophy of the foster care agency for children with physical, mental or emotional issues and children who are placed in a specialized foster home by a juvenile court;

      (b) Specific treatment techniques that the foster care agency plans to approve for use with children described in paragraph (a) and their families;

      (c) Specific strategies for behavior management that the foster care agency will allow providers of foster care to use with children described in paragraph (a); and

      (d) Adequate staffing to provide the intensity of services required when caring for children described in paragraph (a).

      2.  A foster care agency shall require a provider of foster care to serve as an active participant in the treatment or care plan of a child who is placed in a specialized foster home. The foster care agency shall:

      (a) Provide services to support the provider of foster care in reducing barriers in caring for and supporting any children placed in a specialized foster home;

      (b) Arrange or provide support for the provider of foster care to arrange for the child to receive appropriate clinical services, including, without limitation, psychiatric, psychological and medication management services; and

      (c) Ensure cooperation between the employees of the foster care agency, the provider of foster care, the child and the biological family of the child in meeting the goals of the child’s treatment plan.

      3.  A foster care agency which places children in a specialized foster home shall have a written plan for alternative care in the event of an emergency if the placement of the child into a specialized foster home disrupts that specialized foster home.

      (Added to NRS by 2013, 1440)

      NRS 424.220  Foster care agency which places children in independent living foster homes: Policies and procedures relating to such children; coordination with provider of foster care; orientation and training provided to child admitted to program for independent living.

      1.  A foster care agency which places children in an independent living foster home shall develop and implement written policies and procedures relating to children placed in independent living foster homes which must include, without limitation:

      (a) A process for ensuring that a potential location for an independent living arrangement meets any standards required by the licensing authority and is evaluated on a regular basis to ensure that it continues to meet such standards;

      (b) A procedure for approving a location for an independent living arrangement;

      (c) Criteria and procedures for intake and admission into the independent living foster home and discharge from the independent living foster home, including, without limitation, procedures to ensure that the child will be discharged into the care of his or her legal guardian if he or she is less than 18 years of age at the time of his or her discharge;

      (d) The conditions under which a child may be discharged from the independent living foster home, including, without limitation, criteria and procedures for implementing an emergency discharge of the child;

      (e) Criteria and procedures for terminating the approval of a location for an independent living arrangement;

      (f) A detailed plan for determining and maintaining the supervision and visitation of each child after he or she has been placed in a location for an independent living arrangement; and

      (g) The types of services that the provider of foster care will obtain or provide to meet the needs of the child during the placement.

      2.  A foster care agency which places children in an independent living foster home shall coordinate with the provider of foster care to:

      (a) Ensure that each child is enrolled in academic, vocational education or career and technical education services appropriate to meet the needs of the child;

      (b) Monitor the educational progress of each child as often as necessary;

      (c) Assist each child in obtaining routine and emergency medical care and dental care;

      (d) Evaluate the needs of each child for financial assistance upon intake and monthly thereafter or more often if necessary;

      (e) Provide the resources to meet the basic needs of each child, including, without limitation, clothing, food and shelter;

      (f) Provide assistance to each child in locating, securing and maintaining employment;

      (g) Provide training in life skills to meet the needs of each child;

      (h) Support each child who remains under the jurisdiction of a court pursuant to NRS 432B.594; and

      (i) Obtain and provide a system for responding to a crisis that is accessible to the child 24 hours a day, 7 days a week, including holidays, and provide training to each child on how to access and use the system.

      3.  A foster care agency which places children in an independent living foster home shall provide an orientation and training to each child admitted to its program for independent living.

      (Added to NRS by 2013, 1441)

      NRS 424.230  Support to foster homes; duty to ensure that child receives appropriate treatment and adequate clothing; duty to periodically review foster homes without children for compliance with chapter and regulations; review of foster homes upon occurrence of certain critical events; annual evaluation of foster homes.

      1.  A foster care agency shall provide support to each foster home with which the foster care agency has a contract for the placement of children in arranging for and accessing medical, dental, mental health, psychological and psychiatric treatment for children. The foster care agency shall ensure that each child placed in a foster home with which the foster care agency has a contract for the placement of children receives appropriate treatment and may exercise any rights granted pursuant to this chapter or chapter 432B of NRS that are necessary to discharge this duty. The foster care agency shall ensure that the provider of foster care provides medical records and any related documentation to the licensing authority or its designee.

      2.  A foster care agency shall ensure that each child in its care has his or her own supply of clothing appropriate for indoors and outdoors that is in good condition and suitable for the season.

      3.  When a foster home with which the foster care agency has a contract for the placement of children does not have any children placed in the home, the foster care agency must visit the home at least once every 60 days to review whether it remains in compliance with the requirements of this chapter and any regulations adopted pursuant thereto and, when necessary, notify the licensing authority of any potential violations.

      4.  In addition to any other review that a foster care agency performs of a foster home with which the foster care agency has a contract for the placement of children, a foster care agency shall conduct a review of the foster home any time a critical event occurs in that home and report the event to the licensing authority. As used in this subsection, “critical event” includes, without limitation:

      (a) The death or disability of a family member;

      (b) The sudden onset of a health condition that may impair the ability of a provider of foster care to care for the child;

      (c) A change in marital status;

      (d) A change in home address;

      (e) A sudden or substantial loss of income; and

      (f) The birth of a child.

      5.  A foster care agency shall conduct an evaluation of each foster home with which the foster care agency has a contract for the placement of children at least once each year and submit the results of the evaluation to the licensing authority or its designee. The evaluation must include:

      (a) An interview with the provider of foster care and an assessment of the ability of the provider of foster care to relate to children, to help children reach their personal and educational goals, to work with children with particular issues and needs, to establish and maintain a consistent and stable environment with children and to work with biological families to support reunification to the extent that reunification is determined to be consistent with the plan for the permanent placement of the child pursuant to NRS 432B.393.

      (b) An interview with each child placed in the foster home that includes a description of the relationship between each child placed in the foster home and each family member; and

      (c) A detailed review of each instance where a child was placed in the foster home and subsequently removed from the home and a description of the reasons for the removal.

      (Added to NRS by 2013, 1442)

      NRS 424.240  Duty to provide crisis intervention and assistance to foster homes; duty to train employees to handle crisis situations; duty to train providers to use certain techniques with children.

      1.  A foster care agency shall provide crisis intervention and assistance 24 hours a day, 7 days a week, including holidays, to each foster home with which the foster care agency has a contract for the placement of children.

      2.  Employees of the foster care agency who provide crisis intervention and assistance must be trained in and competent to handle a crisis situation and to provide necessary services to children and families to ensure child safety, permanency and well-being. The foster care agency shall train and encourage each provider of foster care to use techniques to support positive behavior that emphasize principles and methods to help children achieve desired behavior in a constructive and safe manner.

      (Added to NRS by 2013, 1443)

      NRS 424.250  Providers prohibited from using physical restraints; exception; foster care agency to notify and provide report to licensing authority of serious incident, accident or injury; reports of possible violations; investigations.

      1.  A provider of foster care shall not use physical restraint on a child placed with the provider unless the child presents an imminent threat of danger of harm to himself or herself or others.

      2.  A foster care agency shall notify the licensing authority or its designee when any serious incident, accident or injury occurs to a child in its care within 24 hours after the incident, accident or injury. The foster care agency shall provide a written report to the licensing authority or its designee as soon as practicable after notifying the licensing authority or its designee. The written report must include, without limitation, the date and time of the incident, accident or injury, any action taken as a result of the incident, accident or injury, the name of the employee of the foster care agency who completed the written report and the name of the employee of the licensing authority or its designee who was notified.

      3.  A foster care agency shall report any potential violation of the provisions of this chapter or any regulations adopted pursuant thereto relating to licensing to the licensing authority within 24 hours after an employee of the foster care agency becomes aware of the potential violation. A foster care agency shall cooperate with the licensing authority in its review of such reports and support each foster home with which the foster care agency has a contract for the placement of children in completing any action required to correct a violation.

      4.  A foster care agency shall fully comply with any investigation of a report of the abuse or neglect of a child pursuant to NRS 432B.220.

      (Added to NRS by 2013, 1443)

      NRS 424.260  Notification to licensing authority of certain placements; placements to comply with Interstate Compact on the Placement of Children or Interstate Compact for Juveniles; priority in assistance with placement.

      1.  A foster care agency shall notify the licensing authority before the foster care agency authorizes the placement of a child who is not being placed through the licensing authority or a juvenile court.

      2.  A foster care agency may not agree to place a child who is relocating from another state unless the foster care agency first consults the licensing authority to determine whether the provisions of the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, or the Interstate Compact for Juveniles pursuant to NRS 62I.015 apply. If the licensing authority determines that the provisions of either Compact apply, the foster care agency may not agree to place the child unless the placement would not violate the provisions of the Compact.

      3.  A foster care agency shall give priority to assisting with the placement of a child by an agency which provides child welfare services or a juvenile court.

      (Added to NRS by 2013, 1443)

      NRS 424.270  Written plan to monitor and evaluate programs and services of foster care agency.

      1.  Each foster care agency shall develop and carry out a written plan to monitor and evaluate the quality and effectiveness of its programs and services on a systemic and ongoing basis.

      2.  The written plan must describe the methods for the collection, summarization and analysis of data and information and include factors defined by the licensing authority for assessing the effectiveness of the programs and services provided.

      3.  If the findings of an evaluation suggest that improvements to its programs and services should be made, the foster care agency shall implement any necessary improvements.

      (Added to NRS by 2013, 1444)

PENALTIES

      NRS 424.300  Penalty.  Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      [Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1967, 575; 1995, 1789)—(Substituted in revision for NRS 424.100)