§ 433B.185 — Termination of employee who has been charged with or convicted of certain crimes; right of employee to correct information; waiver; tracking and review of certain information relating to waivers

Nevada § 433B.185

• Jurisdiction: Nevada
• Title 39: MENTAL HEALTH
• Ch. 433B: Additional

Text

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 , the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) Except as otherwise provided in subsection 4, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 , the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately. A division facility that is so informed shall give the employee 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.
4. Except as otherwise provided in subsection 5, a division facility that provides residential treatment for children may waive the requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 if the division facility adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the division facility will consider when making a determination as to whether to waive such a requirement, including, without limitation:
(a) The age, maturity and capacity of the employee at the time of his or her conviction;
(b) The length of time since the employee committed the crime;
(c) Any participation by the employee in rehabilitative services; and
(d) The relevance of the crime to the position in which the employee is employed.
5. The requirement to terminate the employment of an employee who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 may not be waived through the use of the objective weighing test if:
(a) The crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; or
(b) The information concerning the conviction was obtained pursuant to a second or subsequent background investigation concerning the employee that is conducted by the division facility.
6. A division facility that provides residential treatment for children shall, with regard to each employee to whom the division facility applies the objective weighing test pursuant to subsection 4:
(a) Track the age, race and ethnicity of the employee, the position in which the employee is employed and the determination made by the division facility; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
7. The determination made by a division facility that provides residential treatment for children with regard to an employee to whom the division facility applies the objective weighing test is final.
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.

Legislative History

(Added to NRS by 2011, 3555 ; A 2021, 2633 , 3480 )