2005 Nevada Revised Statutes - Chapter 424 — Foster Homes for Children

CHAPTER 424 - FOSTER HOMES FOR CHILDREN

NRS 424.010 Definitions.

NRS 424.012 Divisiondefined.

NRS 424.013 Familyfoster home defined.

NRS 424.014 Fosterhome defined.

NRS 424.015 Groupfoster home defined.

NRS 424.016 Licensingauthority defined.

NRS 424.017 Providerof family foster care defined.

NRS 424.020 Regulationsconcerning licensure; minimum standards and rules for regulation of family andgroup foster homes.

NRS 424.030 Licensing;regulations.

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

NRS 424.033 Personinvestigated to supply fingerprints; exchange of information; report fromFederal Bureau of Investigation.

NRS 424.036 Consultationwith applicant for license to conduct family foster home.

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

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

NRS 424.039 Licensingauthority or designee authorized to conduct preliminary Federal Bureau ofInvestigation name-based check of background of adult resident of foster homein which child will be placed in emergency situation; person investigated tosupply fingerprints; exchange of information; removal of child from home uponrefusal to supply fingerprints.

NRS 424.040 Inspection.

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

NRS 424.047 Accessby provider of family foster care to information maintained by licensingauthority concerning provider.

NRS 424.050 Investigationof unlicensed foster home; action by licensing authority.

NRS 424.060 Removalof child from undesirable foster home.

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

NRS 424.075 Rightof provider of family foster care to refuse to accept placement of child and torequest removal of child.

NRS 424.077 Regulationsfor establishment of program to provide respite to provider of family fostercare; program to provide respite, training and support to provider of familyfoster care.

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

NRS 424.080 Transferof parental rights and duties prohibited; exception for termination by order ofdistrict court.

NRS 424.085 Personlicensed to conduct foster home immune from liability for certain acts of childin his care.

NRS 424.090 Applicabilityof provisions.

NRS 424.100 Penalty.

_________

NRS 424.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS424.012 to 424.017, inclusive, havethe 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 Divisiondefined. Division means the Division ofChild and Family Services of the Department of Health and Human Services.

(Added to NRS by 1993, 2695)

NRS 424.013 Familyfoster home defined. Family foster homemeans a family home in which one to six children under 18 years of age notrelated within the first degree of consanguinity or affinity to the person orpersons maintaining the home are received, cared for and maintained, forcompensation or otherwise, including the provision of permanent free care. Theterm includes a family home in which such a child is received, cared for andmaintained pending completion of proceedings for the adoption of the child bythe person or persons maintaining the home.

(Added to NRS by 1993, 2695; A 2001 Special Session,23)

NRS 424.014 Fosterhome defined. Foster home includes a familyfoster home and group foster home.

(Added to NRS by 1993, 2695)

NRS 424.015 Groupfoster home defined. Group foster homemeans a natural person, partnership, firm, corporation or association whoprovides full-time care for 7 to 15 children who are:

1. Under 18 years of age;

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

3. Received, cared for and maintained for compensationor otherwise, including the provision of permanent free care.

(Added to NRS by 1993, 2695; A 2001 Special Session,23)

NRS 424.016 Licensingauthority defined. Licensing authoritymeans:

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 Providerof family foster care defined. Provider offamily foster care means a person who is licensed to conduct a family fosterhome pursuant to NRS 424.030.

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

NRS 424.020 Regulationsconcerning licensure; minimum standards and rules for regulation of family andgroup foster homes.

1. The Division, in consultation with each licensingauthority in a county whose population is 100,000 or more, shall adoptregulations to:

(a) Establish procedures and requirements for thelicensure of family foster homes and group foster homes; and

(b) Monitor such licensure.

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

(a) Establish reasonable minimum standards for familyfoster homes and group foster homes.

(b) Prescribe rules for the regulation of family fosterhomes and group foster homes.

3. All family foster homes and group foster homeslicensed pursuant to this chapter must conform to the standards established andthe 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 agroup foster home without receiving a license to do so from the licensingauthority.

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

3. Any family foster home or group foster home thatconforms to the established standards of care and prescribed rules must receivea regular license from the licensing authority, which must be in force for 1year after the date of issuance. On reconsideration of the standardsmaintained, the license may be renewed annually.

4. If a family foster home or group foster home doesnot meet minimum licensing standards but offers values and advantages to aparticular child or children and will not jeopardize the health and safety ofthe child or children placed therein, the family foster home or group fosterhome may be issued a special license, which must be in force for 1 year afterthe date of issuance and may be renewed annually. No foster children other thanthose 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 thefamily foster home or group foster home.

(b) The exact location of the family foster home orgroup foster home.

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

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

6. No family foster home or group foster home may receivefor care more children than are specified in the license.

7. In consultation with each licensing authority in acounty whose population is 100,000 or more, the Division may adopt regulationsregarding the issuance of provisional and special licenses.

[Part 1:185:1939; 1931 NCL 1061] + [Part2:185:1939; 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 Licensingauthority 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 entitydesignated by the licensing authority shall obtain from appropriate lawenforcement agencies information on the background and personal history of eachapplicant for a license to conduct a foster home, prospective employee of thatapplicant or of a person who is licensed to conduct a foster home, and residentof a foster home who is 18 years of age or older, to determine whether theperson investigated has been arrested for or convicted of any crime.

2. The licensing authority or its approved designeemay charge each person investigated pursuant to this section for the reasonablecost of that investigation.

(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session,25)

NRS 424.033 Personinvestigated to supply fingerprints; exchange of information; report fromFederal Bureau of Investigation.

1. Each applicant for a license to conduct a fosterhome, prospective employee of that applicant or of a person who is licensed toconduct a foster home, or resident of a foster home who is 18 years of age orolder must submit to the licensing authority or its approved designee acomplete set of his fingerprints and written permission authorizing thelicensing authority or its approved designee to forward those fingerprints tothe Central Repository for Nevada Records of Criminal History for submission tothe Federal Bureau of Investigation for its report to enable the licensingauthority or its approved designee to conduct an investigation pursuant to NRS 424.031.

2. The licensing authority or its approved designeemay exchange with the Central Repository or the Federal Bureau of Investigationany information respecting the fingerprints submitted.

3. When a report from the Federal Bureau ofInvestigation is received by the Central Repository, it shall immediatelyforward a copy of the report to the licensing authority or its approveddesignee.

(Added to NRS by 1987, 1199; A 1993, 2697; 2001 Special Session,25)

NRS 424.036 Consultationwith applicant for license to conduct family foster home. Before issuing a license to conduct a family foster homepursuant to NRS 424.030, the licensingauthority shall discuss with the applicant and, to the extent possible, ensurethat the applicant understands:

1. The role of a provider of family foster care, thelicensing authority and the members of the immediate family of a child placedin a family foster home; and

2. The personal skills which are required of a providerof family foster care and the other residents of a family foster home toprovide effective foster care.

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

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

1. Before placing a child with a provider of familyfoster care, the licensing authority shall inform the provider of the plans, ifany, which the licensing authority has developed relating to the provision ofcare required for that child. If the plan for the child changes, the licensingauthority shall inform the provider of family foster care of the changes andthe reasons for those changes.

2. The licensing authority shall consult with aprovider of family foster care concerning the care to be provided to a childplaced with the provider, including appropriate disciplinary actions that maybe taken.

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

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

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

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

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

1. Before placing, and during the placement of, achild in a family foster home, the licensing authority shall provide to theprovider of family foster care such information relating to the child as isnecessary to ensure the health and safety of the child and the other residentsof the family foster home. This information must include the medical historyand previous behavior of the child to the extent that such information isavailable.

2. The provider of family foster care may, at any timebefore, during or after the placement of the child in his family foster home,request information about the child from the licensing authority. After thechild has left the care of the provider, the licensing authority shall providethe information requested by the provider, unless the information is otherwisedeclared to be confidential by law or the licensing authority determines thatproviding the information is not in the best interests of the child.

3. The provider of family foster care shall maintainthe confidentiality of information obtained pursuant to this section under theterms and conditions otherwise required by law.

4. The Division shall adopt regulations specifying theprocedure and format for the provision of information pursuant to this section,which may include the provision of a summary of certain information. If asummary is provided pursuant to this section, the provider of family fostercare 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 Licensingauthority or designee authorized to conduct preliminary Federal Bureau ofInvestigation name-based check of background of adult resident of foster homein which child will be placed in emergency situation; person investigated tosupply fingerprints; exchange of information; removal of child from home uponrefusal 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 IdentificationIndex name-based check of the records of criminal history of a resident who is18 years of age or older of a foster home in which the licensing authoritywishes to place a child in an emergency situation to determine whether theperson investigated has been arrested for or convicted of any crime.

2. Upon request of a licensing authority that wishesto place a child in a foster home in an emergency situation, or upon request ofthe approved designee of the licensing authority, a resident who is 18 years ofage or older of the foster home in which the licensing authority wishes toplace the child must submit to the licensing authority or its approved designeea complete set of his fingerprints and written permission authorizing thelicensing authority or its approved designee to forward those fingerprints tothe Central Repository for Nevada Records of Criminal History for submission tothe Federal Bureau of Investigation for its report. The licensing authority orits approved designee shall forward the fingerprints to the Central Repositoryfor Nevada Records of Criminal History within the time set forth in federal lawor regulation.

3. If a resident who is 18 years of age or older of afoster home in which a licensing authority places a child in an emergencysituation refuses to provide a complete set of fingerprints to the licensingauthority or its approved designee upon request pursuant to subsection 2, thelicensing 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 everylicensed family foster home and group foster home as often as necessary toensure 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 Procedurefor hearing grievances related to license to conduct family foster home:Regulations; representation by legal counsel.

1. The Division shall establish, by regulation, aprocedure for hearing grievances related to the reissuance, suspension orrevocation of a license to conduct a family foster home.

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

(a) The reissuance, suspension or revocation of hislicense 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 Accessby provider of family foster care to information maintained by licensingauthority concerning provider.

1. A licensing authority shall, upon request, provideto a provider of family foster care access to all information, exceptreferences, in the records maintained by the licensing authority concerningthat provider.

2. After reasonable notice and by appointment, aprovider 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 Investigationof unlicensed foster home; action by licensing authority. Whenever a licensing authority is advised or has reason tobelieve that any person is conducting or maintaining a foster home for childrenwithout a license, as required by this chapter, the licensing authority shallhave an investigation made. If the person is conducting a foster home, thelicensing authority shall either issue a license or take action to preventcontinued 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 Removalof child from undesirable foster home. If thelicensing authority at any time finds that a child in a foster home is subjectto undesirable influences or lacks proper or wise care and management, thelicensing authority shall notify any agency or institution that has placed thechild in the home to remove the child from the home. If the child is in afoster home where he has been placed by his parents, relatives or other personsindependently of any agency, the licensing authority shall take necessaryaction 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 Placementof child for care or adoption; approval by Division or its designee. No person other than the parents or guardian of a childand no agency or institution in this State or from outside this State may placeany child in the control or care of any person without sending notice of thepending placement and receiving approval of the placement from the Division orits designee. No such person, parent, guardian, agency or institution may placea 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 Rightof provider of family foster care to refuse to accept placement of child and torequest removal of child.

1. A provider of family foster care may:

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

(b) Request that a child placed in his family fosterhome be removed,

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

2. If a provider of family foster care refuses toaccept 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 thatrefusal or request:

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

(b) Remove any other child placed in the family fosterhome;

(c) Refuse to consider future placements of children inthe family foster home; or

(d) Refuse or deny any other rights of the provider asmay be provided by the provisions of this chapter and any regulations adoptedpursuant thereto.

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

NRS 424.077 Regulationsfor establishment of program to provide respite to provider of family fostercare; program to provide respite, training and support to provider of familyfoster care.

1. The Division shall, in consultation with eachlicensing authority in a county whose population is 100,000 or more, adoptregulations for the establishment of a program pursuant to which a provider offamily foster care may receive respite from the stresses and responsibilitiesthat result from the daily care of children placed in his family foster home.

2. The licensing authority shall establish and operatea program that complies with the regulations adopted pursuant to subsection 1to provide respite, training and support to a provider of family foster care inorder 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 Visitationof child by provider of family foster care after child leaves care of provider. Upon the request of a provider of family foster care, thelicensing authority shall allow the provider to visit a child after the childleaves the care of the provider if:

1. The child agrees to the visitation; and

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

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

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

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

NRS 424.085 Personlicensed to conduct foster home immune from liability for certain acts of childin his care.

1. Except as otherwise provided by specific statute, aperson who is licensed by the licensing authority pursuant to NRS 424.030 to conduct a family foster homeor group foster home is not liable for any act of a child in his foster careunless the person licensed by the licensing authority took an affirmativeaction that contributed to the act of the child.

2. The immunity from liability provided pursuant tothis section includes, without limitation, immunity from any fine, penalty, debtor 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 Applicabilityof provisions. The provisions of this chapterdo not apply to homes in which:

1. Care is provided only for a neighbors or friendschild on an irregular or occasional basis for a brief period, not to exceed 90days.

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 takeadvantage of educational facilities that are not available in his homecommunity.

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

6. Except as otherwise provided in regulations adoptedby the Division, care is voluntarily provided to a minor child who is:

(a) Related to the caretaker by blood, adoption ormarriage; and

(b) Not in the custody of an agency which provideschild 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 thischapter is guilty of a misdemeanor.

[Part 5:185:1939; 1931 NCL 1061.04](NRS A 1967,575; 1995, 1789)

 

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