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- 83rd Session (2025)
Assembly Bill No. 107–Assemblymembers
Brown-May; González and Gray
CHAPTER..........
AN ACT relating to foster care; removing the requirement that a
background investigation of certain persons affiliated with a
foster home include certain violations relating to controlled
substances; authorizing a person who has been convicted of
such a vi olation to operate, be employed by, reside in or be
present in a foster home; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
In order to conduct a foster home, existing law requires a person to obtain a
license from: (1) in a county whose population is 100,000 or more (currently Clark
and Washoe Counties), the agency which provides child welfare services; or (2) in
a county whose population is less than 100,000 (currently all counties other than
Clark and Washoe Counti es), the Division of Child and Family Services of the
Department of Health and Human Services. (NRS 424.016, 424.030) Existing law
requires the licensing authority or its designee, at certain times, to conduct a
background investigation of each applicant f or a license to conduct a foster home,
person who is licensed to conduct a foster home, employee of such an applicant or
licensee and certain adult residents of a foster home to determine whether the
applicant, licensee, employee or resident has been arres ted for, has charges pending
for or has been convicted of certain crimes. Such crimes include violations of any
federal or state law regulating the possession, distribution or use of any controlled
substance or dangerous drug. (NRS 424.031) Existing law re quires an applicant for
a license to conduct a foster home or the holder of such a license to terminate the
employment, residence or presence in the foster home of a person who has been
convicted of such a crime. (NRS 424.0335) Existing law also authorizes a licensing
authority to deny an application for a license to operate a foster home or to suspend
or revoke such a license if the licensing authority determines that the applicant or
licensee has: (1) been convicted of such a crime; or (2) failed to termi nate the
employment, residence or presence in the foster home of a person who has been
convicted of such a crime. (NRS 424.033) This bill exempts from those provisions
certain violations relating to the possession of controlled substances that involve the
unlawful possession of marijuana for a purpose other than sale if the violation did
not occur within the immediately preceding 5 years. This bill thereby authorizes a
person who has been convicted of any such violation to operate, be employed by,
reside in or be present in a foster home.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 424.031 is hereby amended to read as follows:
424.031 1. The licensing authority or a person or entity
designated by the licensing authority shall obtain from appropriate
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- 83rd Session (2025)
law enforcement agencies information on the background and
personal history of each applicant for a license to conduct a foster
home, person who is licensed to conduct a foster home, employee of
that applicant or licensee, and resident of a foster home who is 18
years of age or older, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594, to determine
whether the person investigated has been arrested for, has charges
pending for or has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force
or violence against the victim or the use of a firearm or other deadly
weapon;
(c) Assault with intent to kill or to commit s exual assault or
mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness,
indecent exposure or any other sexually related crime or a felony
relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS [;] , unless the
offense is a violation of NRS 453.336 involving the possession of
marijuana not for the purpose of sale, or a violation of a law of
any other jurisdiction that prohibits the same or similar conduct,
that did not occur within the immediately preceding 5 years;
(g) Abuse, neglect, exploitation, isolation or abandonment of
older persons or vulnerable persons, including, without limitation, a
violation of any provision of NRS 200.5091 to 200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same
or similar conduct;
(h) Any offense involving fraud, thef t, embezzlement, burglary,
robbery, fraudulent conversion or misappropriation of property
within the immediately preceding 7 years;
(i) Any offense relating to pornography involving minors,
including, without limitation, a violation of any provision of NR S
200.700 to 200.760, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or
any other sexually related crime that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a
felony;
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(l) A crime involving domestic violence that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense unde r the laws governing Medicaid or
Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase,
consumption or possession of alcoholic beverages by a minor
including, without limitation, a violation of any pr ovision of NRS
202.015 to 202.067, inclusive, or driving a vehicle under the
influence of alcohol or a controlled substance in violation of chapter
484C of NRS or a law of any other jurisdiction that prohibits the
same or similar conduct, within the immedi ately preceding 7 years;
or
(o) An attempt or conspiracy to commit any of the offenses
listed in this subsection within the immediately preceding 7 years.
2. A licensing authority or a person or entity designated by the
licensing authority may conduct a n investigation of the background
and personal history of a person who is 18 years of age or older who
routinely supervises a child in a foster home in the same manner as
described in subsection 1.
3. The licensing authority or its approved designee may charge
each person investigated pursuant to this section for the reasonable
cost of that investigation.
4. Unless a preliminary Federal Bureau of Investigation
Interstate Identification Index name -based check of the records of
criminal history has been c onducted pursuant to NRS 424.039, a
person who is required to submit to an investigation pursuant to
subsection 1 shall not have contact with a child in a foster home
without supervision before the investigation of the background and
personal history of the person has been conducted.
5. The licensing authority or its designee:
(a) Shall conduct an investigation of each licensee, employee
and resident pursuant to this section at least once every 5 years after
the initial investigation; and
(b) May conduct an investigation of any person who is 18 years
of age or older who routinely supervises a child in a foster home at
such times as it deems appropriate.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective upon passage and approval.
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