USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 424 - FOSTER HOMES FOR CHILDREN
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 424.012
to 424.017 , 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 )
“Division” means the Division of
Child and Family Services of the Department of Health and Human Services.
(Added to NRS by 1993, 2695)
“Family foster home”
means a family home in which one to six children under 18 years of age
not related within the first degree of consanguinity or affinity to the
person or persons maintaining the home are received, cared for and
maintained, for compensation or otherwise, including the provision of
permanent free care. The term includes a family home in which such a
child is received, cared for and maintained pending completion of
proceedings for the adoption of the child by the person or persons
maintaining the home.
(Added to NRS by 1993, 2695; A 2001 Special Session, 23 )
“Foster home” includes a
family foster home and group foster home.
(Added to NRS by 1993, 2695)
“Group foster home”
means a natural person, partnership, firm, corporation or association who
provides full-time care for 7 to 15 children who are:
1. Under 18 years of age;
2. Not related within the first degree of consanguinity or
affinity to any natural person maintaining or operating the home; and
3. Received, cared for and maintained for compensation or
otherwise, including the provision of permanent free care.
(Added to NRS by 1993, 2695; A 2001 Special Session, 23 )
“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 )
“Provider
of family foster care” means a person who is licensed to conduct a family
foster home pursuant to NRS 424.030 .
(Added to NRS by 1995, 1786; A 2001 Special Session, 23 )
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 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
and group foster homes.
(b) Prescribe rules for the regulation of family foster homes and
group foster homes.
3. All family 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 )
1. No person may conduct a family 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 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 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 must be in force for
1 year after the date of issuance. On reconsideration of the standards
maintained, the license may be renewed annually.
4. If a family foster home or 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 or
group foster home may be issued a special license, which must be in force
for 1 year after the date of issuance and may be renewed annually. No
foster children other than those specified on the license may be cared
for in the home.
5. The license must show:
(a) The name of the persons licensed to conduct the family foster
home or group foster home.
(b) The exact location of the family 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 or group foster home is licensed to provide care.
6. No family foster home or group foster home may receive for care
more children than are specified in the license.
7. In consultation with each licensing authority in a county whose
population is 100,000 or more, the Division may adopt regulations
regarding the issuance of provisional and special licenses.
[Part 1:185:1939; 1931 NCL § 1061] + [Part 2:185:1939; 1931 NCL §
1061.01]—(NRS A 1963, 909; 1965, 328; 1967, 1154; 1973, 1165, 1406; 1975,
76; 1993, 2696; 1995, 1788; 2001 Special Session, 24 )
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, prospective employee of
that applicant or of a person who is licensed to conduct a foster home,
and resident of a foster home who is 18 years of age or older, to
determine whether the person investigated has been arrested for or
convicted of any crime.
2. The licensing authority or its approved designee may charge
each person investigated pursuant to this section for the reasonable cost
of that investigation.
(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session, 25
)
1. Each applicant for a license to conduct a foster home,
prospective employee of that applicant or of a person who is licensed to
conduct a foster home, or resident of a foster home who is 18 years of
age or older must submit to the licensing authority or its approved
designee a complete set of his 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 .
2. 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.
3. 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.
(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session, 25
)
Before issuing a license to conduct a family foster
home pursuant to NRS 424.030 , the
licensing authority shall discuss with the applicant and, to the extent
possible, ensure that the applicant understands:
1. The role of a provider of family foster care, the licensing
authority and the members of the immediate family of a child placed in a
family foster home; and
2. The personal skills which are required of a provider of family
foster care and the other residents of a family foster home to provide
effective foster care.
(Added to NRS by 1995, 1787; A 2001 Special Session, 25 )
1. Before placing a child with a provider of family foster care,
the licensing authority shall inform the provider of the plans, if any,
which the licensing authority has developed relating to the provision of
care required for that child. If the plan for the child changes, the
licensing authority shall inform the provider of family foster care of
the changes and the reasons for those changes.
2. The licensing authority shall consult with a provider of family
foster care concerning the care to be provided to a child placed with the
provider, including appropriate disciplinary actions that may be taken.
3. If issues concerning the health, safety or care of a child
occur during the placement of the child with a provider of family foster
care, the licensing authority shall:
(a) Consider the daily routine of the provider when determining how
to respond to those issues; and
(b) To the extent possible, respond to those issues in a manner
which is the least disruptive to that daily routine, unless that response
would not be in the best interest of the child.
(Added to NRS by 1995, 1787; A 2001 Special Session, 25 )
1. Before placing, and during the placement of, a child in a
family foster home, the licensing authority shall provide to the provider
of family foster care such information relating to the child as is
necessary to ensure the health and safety of the child and the other
residents of the family foster home. This information must include the
medical history and previous behavior of the child to the extent that
such information is available.
2. The provider of family foster care may, at any time before,
during or after the placement of the child in his family foster home,
request information about the child from the licensing authority. After
the child has left the care of the provider, the licensing authority
shall provide the information requested by the provider, unless the
information is otherwise declared to be confidential by law or the
licensing authority determines that providing the information is not in
the best interests of the child.
3. The provider of family foster care shall maintain the
confidentiality of information obtained pursuant to this section under
the terms and conditions otherwise required by law.
4. The Division shall adopt regulations specifying the procedure
and format for the provision of information pursuant to this section,
which may include the provision of a summary of certain information. If a
summary is provided pursuant to this section, the provider of family
foster care may also obtain the information set forth in subsections 1
and 2.
(Added to NRS by 1995, 1787; A 2001, 1838 ; 2001 Special Session, 26 ; 2003, 236 )
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
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 must submit to the licensing authority or its
approved designee a complete set of his 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
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 licensing authority or its designee
shall visit every licensed family 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 )
1. The Division shall establish, by regulation, a procedure for
hearing grievances related to the reissuance, suspension or revocation of
a license to conduct a family foster home.
2. A provider of family foster care may be represented by legal
counsel in any proceeding related to:
(a) The reissuance, suspension or revocation of his license to
conduct a family foster home; and
(b) The care given to a child by that provider.
(Added to NRS by 1995, 1787)
1. A licensing authority shall, upon request, provide to a
provider of family foster care access to all information, except
references, in the records maintained by the licensing authority
concerning that provider.
2. After reasonable notice and by appointment, a provider of
family foster care may inspect the information kept in those records.
(Added to NRS by 1995, 1788; A 2001 Special Session, 26 )
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 )
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 is in a foster home where he has been placed
by his parents, relatives or other persons independently of any agency,
the licensing authority shall take necessary action to remove the child
and arrange for his care.
[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1963, 909; 1967, 1154;
1973, 1406; 1993, 2698; 2001 Special Session, 27 )
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 )
1. A provider of family foster care may:
(a) Refuse to accept the placement of a child in his family foster
home; or
(b) Request that a child placed in his family foster home be
removed,
Ê unless the provider has a written agreement with the licensing
authority to the contrary.
2. If a provider of family foster care refuses to accept the
placement of a child in, or requests the removal of a child from, his
family foster home, the licensing authority may not, based solely on that
refusal or request:
(a) Revoke the license of the provider to conduct a family foster
home;
(b) Remove any other child placed in the family foster home;
(c) Refuse to consider future placements of children in the family
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 )
1. The Division shall, in consultation with each licensing
authority in a county whose population is 100,000 or more, adopt
regulations for the establishment of a program pursuant to which a
provider of family foster care may receive respite from the stresses and
responsibilities that result from the daily care of children placed in
his family foster home.
2. The licensing authority shall establish and operate a program
that complies with the regulations adopted pursuant to subsection 1 to
provide respite, training and support to a provider of family foster care
in order to develop and enhance the skills of the provider to provide
foster care.
(Added to NRS by 1995, 1788; A 2001 Special Session, 27 )
Upon the request of a provider of
family foster care, the licensing authority shall allow the provider to
visit a child after the child leaves the care of the provider if:
1. The child agrees to the visitation; and
2. The licensing authority determines that the visitation is in
the best interest of the child.
(Added to NRS by 1995, 1788; A 2001 Special Session, 27 ; 2003, 236 )
Except in
proceedings for adoption, no parent may voluntarily assign or otherwise
transfer to another his 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)
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 or group
foster home is not liable for any act of a child in his 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 )
The provisions of this
chapter 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 home community.
5. Any child or children are received, cared for and maintained
pending completion of proceedings for adoption of such child or children,
except as otherwise provided in regulations adopted by the Division.
6. Except as otherwise provided in regulations adopted by the
Division, care is voluntarily provided to a minor child who is:
(a) Related to the caretaker by blood, adoption or marriage; and
(b) Not in the custody of an agency which provides child welfare
services.
[Part 5:185:1939; 1931 NCL § 1061.04]—(NRS A 1961, 739; 1973, 243;
1993, 74; 1995, 1789; 1999, 897 ; 2001 Special Session, 28 )
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)
