Assembly Bill No. 493-Committee on Health and Human Services
May 15, 1997
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Referred to Committee on Health and Human Services
SUMMARY--Expands authority of division of child and family services of department of human resources to regulate certain facilities that provide resident care to children. (BDR 38-385)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the department of human resources; expanding the authority of the division of child and family services of the department to regulate certain facilities that provide resident care to children; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Division" means the division of child and family services of the department of human resources.
Sec. 4 "Resident care facility for children" means any facility which provides care for five or more children under 18 years of age. The term includes day and overnight camps for persons under 18 years of age, foster homes as defined in NRS 424.014 and athletic training centers that provide child care. The term does not include day care centers or public or private schools.
Sec. 5 1. The division shall:
(a) Establish, by regulation, minimum standards for the operation of resident care facilities for children.
(b) Adopt such other regulations as are necessary to carry out the provisions of this chapter.
2. A resident care facility for children that is licensed pursuant to this chapter shall comply with the regulations adopted pursuant to subsection 1.
Sec. 6 1. Except as otherwise provided in this section, no person may operate a resident care facility for children in this state without obtaining a license to do so from the division.
2. A resident care facility for children must submit an application for licensure to the division on a form prescribed by the division.
3. No license may be issued to a resident care facility for children until an investigation of the:
(a) Facility and its standards of care;
(b) Method of operation for the facility;
(c) Policies and purposes of the applicant; and
(d) Qualifications and background of the applicant and his employees,
has been made by the division.
4. If, after investigation, the division finds that an applicant is in compliance with the provisions of this chapter and the standards and regulations adopted pursuant thereto, the division shall issue a license to the applicant.
5. The requirement for licensure set forth in subsection 1 may be waived by the division if it determines that a resident care facility for children is otherwise properly regulated by statute, regulation or ordinance. The division shall, by regulation, establish the procedure for obtaining such a waiver.
Sec. 7 1. The division shall charge and collect a fee for each license issued to a resident care facility for children in an amount prescribed by regulation of the division.
2. The initial license issued by the division may be effective for a period not exceeding 1 year after the date of issuance. A license that is renewed by the division is effective for 1 year after the date of renewal.
3. A license to operate a residential care facility for children must include:
(a) The name of the person or organization licensed to operate the facility.
(b) The location of the facility.
(c) The number of children for whom care may be provided at one time.
4. A resident care facility for children shall not provide care for more children than are specified in the license.
5. A license applies only to the person or organization named on the license and is not transferable.
6. The resident care facility for children shall make the license available for inspection by any person who is considering using the services of the facility.
Sec. 8 1. The division may obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to operate a resident care facility for children and each employee of the applicant to determine whether the person investigated has been arrested for or convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving 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;
(e) Abuse or neglect of a child; or
(f) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
2. The division may require persons investigated pursuant to this section to pay a fee to cover the costs of the investigation.
Sec. 9 1. The division may obtain from each applicant for a license to operate a resident care facility for children and from each employee of the applicant a complete set of his fingerprints and written permission authorizing the division 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.
2. The division may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.
3. The central repository shall immediately forward to the division a copy of a report received from the Federal Bureau of Investigation pursuant to this section.
Sec. 10 The division may deny an application for a license or may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds:
1. A violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter, the regulations adopted pursuant thereto or any other law of this state.
2. Aiding, abetting or permitting the commission of an illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the general public in the operation and maintenance of the facility for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the children or employees of the resident care facility for children.
5. Conviction of a crime listed in subsection 1 of section 8 of this act committed by the applicant or licensee or an employee of the applicant or licensee.
Sec. 11 The division shall visit each licensed resident care facility for children as often as necessary to ensure that proper care is being given to the children by the facility.
Sec. 12 1. The division shall establish, by regulation, a procedure for hearing grievances related to the issuance, suspension, revocation or denial of a license to operate a resident care facility for children.
2. A resident care facility for children may be represented by legal counsel in any proceeding related to:
(a) The issuance, suspension, revocation or denial of a license to operate a resident care facility for children; and
(b) The care given to a child by that facility.
3. Any current or former employee of a resident care facility for children may be represented by legal counsel in any proceeding related to:
(a) The issuance, suspension, revocation or denial of his current or former employer's license to conduct a resident care facility for children; and
(b) The care given to a child by the current or former employee of that facility.
Sec. 13 1. The division may bring an action in the name of the state to enjoin any person from operating or maintaining a resident care facility for children:
(a) Without first obtaining a license or waiver pursuant to the provisions of this chapter; or
(b) After his license has been revoked or suspended by the division.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the resident care facility for children without a license or waiver.
Sec. 14 Any person who operates a resident care facility for children without obtaining a license or waiver from the division pursuant to the provisions of this chapter is guilty of a misdemeanor.
Sec. 15 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16 The provisions of this act do not apply to an offense that was committed before January 1, 1998.
Sec. 17 The provisions of this act become effective upon passage and approval for the purpose of adopting the regulations required pursuant to sections 5 and 6 of this act and on January 1, 1998, for all other purposes.