A.B. 107
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ASSEMBLY BILL NO. 107–ASSEMBLYMEMBER BROWN-MAY
PREFILED JANUARY 21, 2025
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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.
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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
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
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certain violations relating to the possession of controlled substances that: (1) have 23
been decriminalized under laws of this State; or (2) involve the unlawful possession 24
of marijuana for a purpose other than sale if the violation did not occur within the 25
immediately preceding 7 years. This bill thereby authorizes a person who has been 26
convicted of any such violation to operate, be employed by, reside in or be present 27
in a foster home. 28
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: 25
(1) Has been decriminalized or is a violation of a law of any 26
other jurisdiction that prohibits conduct that is the same or similar 27
to conduct that has been decriminalized; or 28
(2) Is a violation of NRS 453.336 involving the possession 29
of marijuana not for the purpose of sale, or a violation of a law of 30
any other jurisdiction that prohibits the same or similar conduct, 31
that did not occur within the immediately preceding 7 years; 32
(g) Abuse, neglect, exploitation, isolation or abandonment of 33
older persons or vulnerable persons, including, without limitation, a 34
violation of any provision of NRS 200.5091 to 200.50995, 35
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inclusive, or a law of any other jurisdiction that prohibits the same 1
or similar conduct; 2
(h) Any offense involving fraud, theft, embezzlement, burglary, 3
robbery, fraudulent conversion or misappropriation of property 4
within the immediately preceding 7 years; 5
(i) Any offense relating to pornography involving minors, 6
including, without limitation, a violation of any provision of NRS 7
200.700 to 200.760, inclusive, or a law of any other jurisdiction that 8
prohibits the same or similar conduct; 9
(j) Prostitution, solicitation, lewdness or indecent exposure, or 10
any other sexually related crime that is punishable as a 11
misdemeanor, within the immediately preceding 7 years; 12
(k) A crime involving domestic violence that is punishable as a 13
felony; 14
(l) A crime involving domestic violence that is punishable as a 15
misdemeanor, within the immediately preceding 7 years; 16
(m) A criminal offense under the laws governing Medicaid or 17
Medicare, within the immediately preceding 7 years; 18
(n) Any offense involving the sale, furnishing, purchase, 19
consumption or possession of alcoholic beverages by a minor 20
including, without limitation, a violation of any provision of NRS 21
202.015 to 202.067, inclusive, or driving a vehicle under the 22
influence of alcohol or a controlled substance in violation of chapter 23
484C of NRS or a law of any other jurisdiction that prohibits the 24
same or similar conduct, within the immediately preceding 7 years; 25
or 26
(o) An attempt or conspiracy to commit any of the offenses 27
listed in this subsection within the immediately preceding 7 years. 28
2. A licensing authority or a person or entity designated by the 29
licensing authority may conduct an investigation of the background 30
and personal history of a person who is 18 years of age or older who 31
routinely supervises a child in a foster home in the same manner as 32
described in subsection 1. 33
3. The licensing authority or its approved designee may charge 34
each person investigated pursuant to this section for the reasonable 35
cost of that investigation. 36
4. Unless a preliminary Federal Bureau of Investigation 37
Interstate Identification Index name-based check of the records of 38
criminal history has been conducted pursuant to NRS 424.039, a 39
person who is required to submit to an investigation pursuant to 40
subsection 1 shall not have contact with a child in a foster home 41
without supervision before the investigation of the background and 42
personal history of the person has been conducted. 43
5. The licensing authority or its designee: 44
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(a) Shall conduct an investigation of each licensee, employee 1
and resident pursuant to this section at least once every 5 years after 2
the initial investigation; and 3
(b) May conduct an investigation of any person who is 18 years 4
of age or older who routinely supervises a child in a foster home at 5
such times as it deems appropriate. 6
6. As used in this section, “decriminalized” means that an 7
offense is no longer punishable as a crime as the result of 8
enactment of an act of the Legislature or the passage of a 9
referendum petition or initiative petition pursuant to Article 19 of 10
the Nevada Constitution. 11
Sec. 2. 1. The amendatory provisions of this act apply to: 12
(a) Any violation of federal or state law regulating the 13
possession, distribution or use of any controlled substance or any 14
dangerous drug as defined in chapter 454 of NRS that: 15
(1) Was decriminalized before the effective date of this act; 16
or 17
(2) Is decriminalized on or after the effective date of this act; 18
and 19
(b) Any arrest for, charges pending for or conviction of an 20
offense described in paragraph (f) of subsection 1 of NRS 424.031, 21
as amended by section 1 of this act, regardless of whether the arrest, 22
charges or conviction or the offense occurred before, on or after the 23
effective date of this act. 24
2. As used in this section, “decriminalized” has the meaning 25
ascribed to it in NRS 424.031, as amended by section 1 of this act, 26
and includes an offense under the law of any other jurisdiction that 27
prohibits conduct that is the same or similar to conduct that is no 28
longer punishable as a crime as a result of enactment of an act of the 29
Legislature or the passage of a referendum petition or initiative 30
petition pursuant to Article 19 of the Nevada Constitution. 31
Sec. 3. This act becomes effective upon passage and approval. 32
H