1. The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, 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 sexual 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;
(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, theft, 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 NRS 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;
(l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under 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 provision 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 immediately 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. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section 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 is completed.
3. The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.
(Added to NRS by 2013, 1436; A 2015, 833)
Structure Nevada Revised Statutes
Chapter 424 - Foster Homes for Children
NRS 424.011 - "Agency which provides child welfare services" defined.
NRS 424.0113 - "Child" defined. [Effective January 1, 2024.]
NRS 424.0115 - "Commercially sexually exploited child" defined. [Effective January 1, 2022.]
NRS 424.012 - "Division" defined.
NRS 424.0135 - "Foster care agency" defined.
NRS 424.014 - "Foster home" defined.
NRS 424.0145 - "Gender identity or expression" defined.
NRS 424.0157 - "Juvenile court" defined.
NRS 424.016 - "Licensing authority" defined.
NRS 424.017 - "Provider of foster care" defined.
NRS 424.0175 - "Receiving center" defined. [Effective January 1, 2022.]
NRS 424.020 - Regulations concerning licensure; minimum standards and rules for regulation.
NRS 424.034 - Maintenance of certain records concerning employees and residents.
NRS 424.036 - Consultation with applicant for license to conduct foster home.
NRS 424.0367 - Licensee to develop and implement plan for care of children during disaster.
NRS 424.050 - Investigation of unlicensed foster home; action by licensing authority.
NRS 424.060 - Removal of child from undesirable foster home.
NRS 424.070 - Placement of child for care or adoption; approval by Division or its designee.
NRS 424.079 - Visitation of child by provider of foster care after child leaves care of provider.
NRS 424.087 - Plan for the recruitment and retention of foster homes.
NRS 424.090 - Exemption from certain provisions of chapter.
NRS 424.094 - Licensing; fees.
NRS 424.095 - Application for license; period of licensure; renewal of license.
NRS 424.103 - Duties of governing body.
NRS 424.125 - Volunteers: Acceptance; plan for selection, training, supervision and assignment.
NRS 424.180 - Annual report; contents.
NRS 424.270 - Written plan to monitor and evaluate programs and services of foster care agency.