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 detain or provide alternative 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 detain or provide alternative 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 16, inclusive, of this act.
Sec. 2 As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. "Alternative care facility" means a facility that is publicly or privately owned or operated at which children participate voluntarily in programs that are:
1. Established as an alternative to detention in a detention facility; and
2. Subject generally to the oversight of a court of competent jurisdiction.
Sec. 4. "Child" means a person who is less than 18 years of age.
Sec. 5. "Detention facility" means a facility that is publicly or privately owned or operated and in which children are detained:
1. While awaiting trial or other disposition; or
2. As a condition of a sentence imposed by a court of competent jurisdiction.
Sec. 6. "Division" means the division of child and family services of the department of human resources.
Sec. 7. 1. The division shall adopt:
(a) Regulations to establish the minimum standards for the operation of detention and alternative care facilities.
(b) Such other regulations as in the determination of the administrator are necessary to carry out the provisions of this chapter.
2. A detention or alternative care facility that is licensed pursuant to this chapter shall comply with the regulations adopted pursuant to subsection 1.
3. This section does not prohibit a county or an owner or operator of a detention or alternative care facility from adopting standards for the operation of the facility that are more stringent than those adopted by the division pursuant to subsection 1.
Sec. 8. 1. Except as otherwise provided in this section, no person may operate a detention or alternative care facility in this state without obtaining a license to do so from the division.
2. A detention or alternative care facility must submit an application for licensure to the division on a form prescribed by the division.
3. No license may be issued to a detention or alternative care facility 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 the qualifications of 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 detention or alternative care facility is otherwise properly regulated or accredited by an entity qualified and authorized to conduct such an accreditation. The division shall, by regulation, establish the procedure for obtaining such a waiver.
Sec. 9. 1. The division shall charge and collect a fee for each license issued to a detention or alternative care facility 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 detention or alternative care facility 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 detention or alternative care facility 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 detention or alternative care facility shall make the license available for inspection by any person who is considering using the services of the facility.
Sec. 10. 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 detention or alternative care facility 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. 11. 1. The division may obtain from each applicant for a license to operate a detention or alternative care facility 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. 12. 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 detention or alternative care facility.
5. Conviction of a crime listed in subsection 1 of section 10 of this act committed by the applicant or licensee or an employee of the applicant or licensee.
Sec. 13. The division shall visit each licensed detention or alternative care facility as often as necessary to ensure that proper care is being given to the children by the facility.
Sec. 14. 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 detention or alternative care facility.
2. A detention or alternative care facility may be represented by legal counsel in any proceeding related to:
(a) The issuance, suspension, revocation or denial of a license to operate a detention or alternative care facility; and
(b) The care given to a child by that facility.
3. Any current or former employee of a detention or alternative care facility 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 operate a detention or alternative care facility; and
(b) The care given to a child by the current or former employee of that facility.
Sec. 15. 1. The division may bring an action in the name of the state to enjoin any person from operating or maintaining a detention or alternative care facility:
(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 detention or alternative care facility without a license or waiver.
Sec. 16. Any person who operates a detention or alternative care facility without obtaining a license or waiver from the division pursuant to the provisions of this chapter is guilty of a misdemeanor.
Sec. 17. 1. There is hereby established within the division of child and family services of the department of human resources a committee to recommend standards for the operation of detention and alternative care facilities. The committee consists of eight members appointed by the administrator of the division as follows:
(a) One member who represents correctional facilities for juveniles that are established and operated by the State of Nevada, including, without limitation:
(1) The Nevada youth training center.
(2) The Caliente youth center.
(b) One member who represents facilities that are established and operated by counties for the care of minors adjudged delinquent, including, without limitation:
(1) The facility in Douglas County known as China Spring Youth Camp.
(2) The facility in Clark County known as Spring Mountain Youth Camp.
(c) Two members who represent facilities that are established and operated by counties for the temporary detention of children, including, without limitation:
(1) The facility in Washoe County known as Wittenberg Hall.
(2) The facility in Clark County known as Zenoff Hall.
(3) The facility in Humboldt County known as Leighton Hall.
(d) One member who represents facilities that are established and operated by counties for the shelter and care of children, including, without limitation:
(1) The facility in Clark County known as Child Haven.
(2) The facility in Washoe County known as Kids' Kottage.
(e) One member who represents alternative care facilities that are established and operated by the division, including, without limitation:
(1) Those facilities in the northern region of the State of Nevada known as family learning homes.
(2) Those facilities in the southern region of the State of Nevada known as oasis homes.
(f) One member who represents the division.
(g) One member who represents the Association of Group Care Providers.
2. Immediately after the members of the committee are appointed, the committee shall meet and elect from among its members a chairman and vice chairman.
3. The members of the committee serve terms of office commencing on July 1, 1997, and terminating on July 1, 1998.
4. Vacancies in the committee must be filled in the same manner as original appointments, and must be for the unexpired term of the member whose office becomes vacant.
5. The committee:
(a) Shall hold meetings at least once every 3 months to carry out its duties pursuant to subsection 7.
(b) May hold additional meetings at the call of the chairman.
6. The members of the committee are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the division, while engaged in the business of the committee; and
(b) A per diem allowance and travel expenses at a rate fixed by the division, while engaged in the business of the committee. The rate must not exceed the rate provided for state officers and employees generally.
7. The committee shall:
(a) Develop recommended standards for the operation of detention and alternative care facilities to be incorporated into the regulations adopted by the division pursuant to section 7 of this act.
(b) Not later than March 1, 1998, submit to the administrator of the division the recommended standards developed pursuant to paragraph (a).
(c) Perform such other duties as are directed by the administrator of the division.
Sec. 18. 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. 19. The provisions of this act do not apply to an offense that was committed before July 1, 1998.
Sec. 20. 1. This section becomes effective on July 1, 1997.
2. Sections 7, 8 and 14 of this act become effective on July 1, 1997, for the purpose of adopting regulations and on July 1, 1998, for all other purposes.
3. Section 17 of this act becomes effective on July 1, 1997, and expires by limitation on July 1, 1998.
4. Sections 1 to 6, inclusive, 9 to 13, inclusive, 15, 16, 18 and 19 of this act become effective on July 1, 1998.