US Laws, Codes, Statutes & Cases

CHAPTER 424 - FOSTER HOMES FOR CHILDREN

NRS 424.010            Definitions.

NRS 424.012            “Division” defined.

NRS 424.013            “Family foster home” defined.

NRS 424.014            “Foster home” defined.

NRS 424.015            “Group foster home” defined.

NRS 424.016            “Licensing authority” defined.

NRS 424.017            “Provider of family foster care” defined.

NRS 424.020            Regulations concerning licensure; minimum standards and rules for regulation of family and group foster homes.

NRS 424.030            Licensing; regulations.

NRS 424.031            Licensing authority or designee to investigate background of applicant for license, prospective employee or adult resident of foster home.

NRS 424.033            Person investigated to supply fingerprints; exchange of information; report from Federal Bureau of Investigation.

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

NRS 424.037            Consultation with provider of family 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 family foster care to ensure health and safety of child; release of information to provider of family foster care; confidentiality of information obtained; regulations.

NRS 424.039            Licensing authority or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of adult resident 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 family foster home: Regulations; representation by legal counsel.

NRS 424.047            Access by provider of family 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 family 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 family foster care; program to provide respite, training and support to provider of family foster care.

NRS 424.079            Visitation of child by provider of family 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 his care.

NRS 424.090            Applicability of provisions.

NRS 424.100            Penalty.

_________

      NRS 424.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.017, 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)

      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 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)

      NRS 424.014  “Foster home” defined.  “Foster home” includes a family foster home and group foster home.

      (Added to NRS by 1993, 2695)

      NRS 424.015  “Group foster home” defined.  “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)

      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 family foster care” defined.  “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)

      NRS 424.020  Regulations concerning licensure; minimum standards and rules for regulation of family and group foster homes.

      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)

      NRS 424.030  Licensing; regulations.

      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)

      NRS 424.031  Licensing authority or designee to investigate background of applicant for license, prospective employee or adult resident of foster home.

      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)

      NRS 424.033  Person investigated to supply fingerprints; exchange of information; report from Federal Bureau of Investigation.

      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)

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

      NRS 424.037  Consultation with provider of family 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 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)

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

      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)

      NRS 424.039  Licensing authority or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of adult resident 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 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)

      NRS 424.040  Inspection.  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)

      NRS 424.045  Procedure for hearing grievances related to license to conduct family 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 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)

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

      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)

      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 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)

      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 family foster care to refuse to accept placement of child and to request removal of child.

      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)

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

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

      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 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 his care.

      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)

      NRS 424.090  Applicability of provisions.  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)

      NRS 424.100  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)