Assembly Bill No. 378–Assemblymen Leslie, Conklin, Koivisto, Ohrenschall, Atkinson, Buckley, McClain and McCleary

 

CHAPTER..........

 

AN ACT relating to protection of children; authorizing a licensing authority and an agency which provides child welfare services to conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of certain persons for the placement of children in emergency situations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 424 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    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.

 

    Sec. 2.  Chapter 432B of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  An agency which provides child welfare services 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 home in which the agency which

 provides child welfare services 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 an agency which provides child welfare

 services that wishes to place a child in a home in an emergency

 situation, or upon request of the approved designee of the agency

 which provides child welfare services, a resident who is 18 years

 of age or older of the home in which the agency which provides

 child welfare services wishes to place the child must submit to the

 agency which provides child welfare services or its approved

 designee a complete set of his fingerprints and written permission

 authorizing the agency which provides child welfare services 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 agency which provides child welfare services 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 home in

 which an agency which provides child welfare services places a

 child in an emergency situation refuses to provide a complete set

 of fingerprints to the agency which provides child welfare services

 or its approved designee upon request pursuant to subsection 2,

 the agency which provides child welfare services must

 immediately remove the child from the home.

    Sec. 3.  NRS 432B.190 is hereby amended to read as follows:

    432B.190  The Division of Child and Family Services shall, in

 consultation with each agency which provides child welfare

 services, adopt:

    1.  Regulations establishing reasonable and uniform standards

 for:

    (a) Child welfare services provided in this state;

    (b) Programs for the prevention of abuse or neglect of a child

 and the achievement of the permanent placement of a child;

    (c) The development of local councils involving public and

 private organizations;

    (d) Reports of abuse or neglect, records of these reports and the

response to these reports;

    (e) Carrying out the provisions of NRS 432B.260, including,

 without limitation, the qualifications of persons with whom

 agencies which provide child welfare services enter into agreements

 to provide services to children and families;

    (f) The management and assessment of reported cases of abuse

 or neglect;

    (g) The protection of the legal rights of parents and children;

    (h) Emergency shelter for a child;

    (i) The prevention, identification and correction of abuse or

 neglect of a child in residential institutions;

    (j) Evaluating the development and contents of a plan submitted

 for approval pursuant to NRS 432B.395;

    (k) Developing and distributing to persons who are responsible

 for a child’s welfare a pamphlet that sets forth the procedures for

 taking a child for placement in protective custody and the legal

 rights of persons who are parties to a proceeding held pursuant to

 NRS 432B.410 to 432B.590, inclusive, during all stages of the

 proceeding; and

    (l) Making the necessary inquiries required pursuant to NRS

 432B.397 to determine whether a child is an Indian child; and

    2.  Such other regulations as are necessary for the

 administration of NRS 432B.010 to 432B.606, inclusive[.] , and

 section 2 of this act.

    Sec. 4.  This act becomes effective on July 1, 2003.

 

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