§ 424.031 — Investigation of background of applicant for license, licensee, prospective employee and certain adult residents of foster home; investigation of adult who routinely supervises child in foster home; charge for investigation; periodic additional investigations. [Effective until the earlier of June 30, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

Nevada § 424.031

• Jurisdiction: Nevada
• Title 38: PUBLIC WELFARE
• Ch. 424: Foster

Text

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, isolation or abandonment 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. A licensing authority or a person or entity designated by the licensing authority may conduct an investigation of the background and personal history of a person who is 18 years of age or older who routinely supervises a child in a foster home in the same manner as described in subsection 1.
3. The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
4. 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 subsection 1 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.
5. The licensing authority or its designee:
(a) Shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation; and
(b) May conduct an investigation of any person who is 18 years of age or older who routinely supervises a child in a foster home at such times as it deems appropriate.

Legislative History

(Added to NRS by 1987, 1199 ; A 1993, 2697 ; 2001 Special Session, 25 ; 2011, 243 , 3545 ; 2013, 1446 ; 2015, 541 , 832 )