(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 107
- *AB107_R1*
ASSEMBLY BILL NO. 107–ASSEMBLYMEMBERS
BROWN-MAY; GONZÁLEZ AND GRAY
PREFILED JANUARY 21, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to foster care.
(BDR 38-339)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 violation 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 1
license from: (1) in a county whose population is 100,000 or more (currently Clark 2
and Washoe Counties), the agency which provides child welfare services; or (2) in 3
a county whose population is less than 100,000 (currently all counties other than 4
Clark and Washoe Counties), the Division of Child and Family Services of the 5
Department of Health and Human Services. (NRS 424.016, 424.030) Existing law 6
requires the licensing authority or its designee, at certain times, to conduct a 7
background investigation of each applicant for a license to conduct a foster home, 8
person who is licensed to conduct a foster home, employee of such an applicant or 9
licensee and certain adult residents of a foster home to determine whether the 10
applicant, licensee, employee or resident has been arrested for, has charges pending 11
for or has been convicted of certain crimes. Such crimes include violations of any 12
federal or state law regulating the possession, distribution or use of any controlled 13
substance or dangerous drug. (NRS 424.031) Existing law requires an applicant for 14
a license to conduct a foster home or the holder of such a license to terminate the 15
employment, residence or presence in the foster home of a person who has been 16
convicted of such a crime. (NRS 424.0335) Existing law also authorizes a licensing 17
authority to deny an application for a license to operate a foster home or to suspend 18
or revoke such a license if the licensing authority determines that the applicant or 19
licensee has: (1) been convicted of such a crime; or (2) failed to terminate the 20
– 2 –
- *AB107_R1*
employment, residence or presence in the foster home of a person who has been 21
convicted of such a crime. (NRS 424.033) This bill exempts from those provisions 22
certain violations relating to the possession of controlled substances that involve the 23
unlawful possession of marijuana for a purpose other than sale if the violation did 24
not occur within the immediately preceding 5 years. This bill thereby authorizes a 25
person who has been convicted of any such violation to operate, be employed by, 26
reside in or be present in a foster home. 27
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: 1
424.031 1. The licensing authority or a person or entity 2
designated by the licensing authority shall obtain from appropriate 3
law enforcement agencies information on the background and 4
personal history of each applicant for a license to conduct a foster 5
home, person who is licensed to conduct a foster home, employee of 6
that applicant or licensee, and resident of a foster home who is 18 7
years of age or older, other than a resident who remains under the 8
jurisdiction of a court pursuant to NRS 432B.594, to determine 9
whether the person investigated has been arrested for, has charges 10
pending for or has been convicted of: 11
(a) Murder, voluntary manslaughter or mayhem; 12
(b) Any other felony involving the use or threatened use of force 13
or violence against the victim or the use of a firearm or other deadly 14
weapon; 15
(c) Assault with intent to kill or to commit sexual assault or 16
mayhem; 17
(d) Sexual assault, statutory sexual seduction, incest, lewdness, 18
indecent exposure or any other sexually related crime or a felony 19
relating to prostitution; 20
(e) Abuse or neglect of a child or contributory delinquency; 21
(f) A violation of any federal or state law regulating the 22
possession, distribution or use of any controlled substance or any 23
dangerous drug as defined in chapter 454 of NRS [;] , unless the 24
offense is a violation of NRS 453.336 involving the possession of 25
marijuana not for the purpose of sale, or a violation of a law of 26
any other jurisdiction that prohibits the same or similar conduct, 27
that did not occur within the immediately preceding 5 years; 28
(g) Abuse, neglect, exploitation, isolation or abandonment of 29
older persons or vulnerable persons, including, without limitation, a 30
violation of any provision of NRS 200.5091 to 200.50995, 31
inclusive, or a law of any other jurisdiction that prohibits the same 32
or similar conduct; 33
– 3 –
- *AB107_R1*
(h) Any offense involving fraud, theft, embezzlement, burglary, 1
robbery, fraudulent conversion or misappropriation of property 2
within the immediately preceding 7 years; 3
(i) Any offense relating to pornography involving minors, 4
including, without limitation, a violation of any provision of NRS 5
200.700 to 200.760, inclusive, or a law of any other jurisdiction that 6
prohibits the same or similar conduct; 7
(j) Prostitution, solicitation, lewdness or indecent exposure, or 8
any other sexually related crime that is punishable as a 9
misdemeanor, within the immediately preceding 7 years; 10
(k) A crime involving domestic violence that is punishable as a 11
felony; 12
(l) A crime involving domestic violence that is punishable as a 13
misdemeanor, within the immediately preceding 7 years; 14
(m) A criminal offense under the laws governing Medicaid or 15
Medicare, within the immediately preceding 7 years; 16
(n) Any offense involving the sale, furnishing, purchase, 17
consumption or possession of alcoholic beverages by a minor 18
including, without limitation, a violation of any provision of NRS 19
202.015 to 202.067, inclusive, or driving a vehicle under the 20
influence of alcohol or a controlled substance in violation of chapter 21
484C of NRS or a law of any other jurisdiction that prohibits the 22
same or similar conduct, within the immediately preceding 7 years; 23
or 24
(o) An attempt or conspiracy to commit any of the offenses 25
listed in this subsection within the immediately preceding 7 years. 26
2. A licensing authority or a person or entity designated by the 27
licensing authority may conduct an investigation of the background 28
and personal history of a person who is 18 years of age or older who 29
routinely supervises a child in a foster home in the same manner as 30
described in subsection 1. 31
3. The licensing authority or its approved designee may charge 32
each person investigated pursuant to this section for the reasonable 33
cost of that investigation. 34
4. Unless a preliminary Federal Bureau of Investigation 35
Interstate Identification Index name-based check of the records of 36
criminal history has been conducted pursuant to NRS 424.039, a 37
person who is required to submit to an investigation pursuant to 38
subsection 1 shall not have contact with a child in a foster home 39
without supervision before the investigation of the background and 40
personal history of the person has been conducted. 41
5. The licensing authority or its designee: 42
(a) Shall conduct an investigation of each licensee, employee 43
and resident pursuant to this section at least once every 5 years after 44
the initial investigation; and 45
– 4 –
- *AB107_R1*
(b) May conduct an investigation of any person who is 18 years 1
of age or older who routinely supervises a child in a foster home at 2
such times as it deems appropriate. 3
Sec. 2. (Deleted by amendment.) 4
Sec. 3. This act becomes effective upon passage and approval. 5
H