EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 432A of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

1-3 Sec. 2. 1. The bureau shall, within the limits of available money,

1-4 establish and maintain a toll-free telephone service to:

2-1 (a) Respond to inquiries from the general public relating to child care

2-2 facilities, including, without limitation, inquiries regarding:

2-3 (1) The availability of services for child care; and

2-4 (2) The statutes and regulations of this state relating to child care

2-5 facilities; and

2-6 (b) Receive reports from the general public regarding the violation of

2-7 any statute or regulation of this state relating to child care facilities.

2-8 2. The toll-free telephone service must have available, without

2-9 limitation, information regarding:

2-10 (a) All child care facilities that are currently licensed pursuant to NRS

2-11 432A.131 to 432A.220, inclusive, and sections 8, 9 and 10 of this act;

2-12 (b) All referral services for child care in this state;

2-13 (c) All child care facilities in this state that have been denied a license

2-14 or have had their licenses suspended, revoked or otherwise terminated;

2-15 (d) The results of inspections conducted pursuant to NRS 432A.180;

2-16 and

2-17 (e) Complaints regarding child care facilities in this state, including

2-18 the nature of the complaints, the status or outcome of the complaints and

2-19 any penalties imposed.

2-20 Sec. 3. 1. The chief shall prepare an annual report regarding the

2-21 quality of child care provided in this state. The report must include:

2-22 (a) An evaluation of the progress of this state in achieving any goals

2-23 for the improvement of child care specified by the board;

2-24 (b) A statement of the expenditures of this state made during the

2-25 previous year to carry out the provisions of this chapter;

2-26 (c) An evaluation of the relationship between the expenditures of this

2-27 state and the progress of this state in achieving any goals for the

2-28 improvement of child care specified by the board; and

2-29 (d) Any relevant comments from operators of child care facilities and

2-30 public agencies involved in the inspection or licensing of child care

2-31 facilities.

2-32 2. The chief shall submit the report to:

2-33 (a) The board; and

2-34 (b) The legislative commission or, if the legislature is in general

2-35 session, the senate standing committee on human resources and facilities

2-36 and the assembly standing committee on health and human services.

2-37 Sec. 4. The department shall adopt a payment schedule, applicable

2-38 to all programs pursuant to which the department reimburses a child

2-39 care facility for the provision of child care, which provides for the

2-40 payment of a child care facility that is accredited by the National

2-41 Association for the Education of Young Children at a rate that is 10

2-42 percent greater than the usual and customary rate of payment.

2-43 Sec. 5. The staff of a child care facility shall:

3-1 1. At all times supervise and maintain visual contact with the

3-2 children receiving care;

3-3 2. Maintain frequent interactions with the children receiving care,

3-4 which are appropriate to the age of the children;

3-5 3. Maintain a safe and healthy environment for the children

3-6 receiving care; and

3-7 4. At all times protect the children receiving care from any physical

3-8 or emotional harm.

3-9 Sec. 6. 1. The board shall adopt regulations requiring the staff of a

3-10 child care facility to obtain appropriate training and continuing

3-11 education in child care and the operation of a child care facility,

3-12 including, without limitation, instruction regarding:

3-13 (a) The standards adopted pursuant to NRS 432A.077 to ensure the

3-14 quality of care provided by a child care facility;

3-15 (b) First aid and cardiopulmonary resuscitation;

3-16 (c) Measures to ensure a safe and healthy environment at a child care

3-17 facility; and

3-18 (d) Methods for limiting any exposure to a toxic substance in a child

3-19 care facility.

3-20 2. The instruction required pursuant to this section must be obtained

3-21 in courses approved for the award of academic credit by a university or

3-22 community college within the University and Community College System

3-23 of Nevada.

3-24 Sec. 7. 1. The board shall adopt regulations requiring, as a

3-25 condition to the receipt of any reimbursement from public funding, the

3-26 licensing of a person who provides child care for one, two or three

3-27 children in a residence other than the home of those children.

3-28 2. If a child receives care from a parent, guardian or relative within

3-29 the third degree of consanguinity of the parent of the child, and that

3-30 person simultaneously provides care for other children, only the other

3-31 children may be considered in determining whether the person is subject

3-32 to the regulations adopted pursuant to this section.

3-33 3. The regulations adopted pursuant to this section must include

3-34 standards to ensure the quality of care provided by the person that are

3-35 substantially equivalent to the standards established pursuant to

3-36 paragraph (b) of subsection 1 of NRS 432A.077.

3-37 Sec. 8. The operator of a child care facility shall display, in a

3-38 conspicuous place in the facility that is clearly visible to the general

3-39 public:

3-40 1. His license to operate the child care facility; and

3-41 2. The most recent reports he has received regarding the results of

3-42 inspections of the facility conducted pursuant to NRS 432A.180.

4-1 Sec. 9. 1. The bureau shall not renew the license of a child care

4-2 facility unless the bureau has:

4-3 (a) Inspected the facility pursuant to subsection 1 of NRS 432A.180

4-4 within the immediately preceding year and determined that the facility is

4-5 operating in a satisfactory manner;

4-6 (b) Resolved to its satisfaction any reports it has received regarding

4-7 the alleged violation by the facility of a statute or regulation of this state

4-8 relating to child care facilities; and

4-9 (c) Determined that all the staff of the facility have obtained the

4-10 instruction required pursuant to section 6 of this act.

4-11 2. An application submitted to the bureau for the renewal of a

4-12 license issued pursuant to this chapter must be accompanied by such

4-13 documentation as the bureau deems necessary to carry out this section.

4-14 Sec. 10. The bureau shall ensure that an employee or other member

4-15 of the bureau who conducts inspections pursuant to NRS 432A.180 has

4-16 received training in:

4-17 1. The principles of child development in early childhood;

4-18 2. Procedures to ensure the safety and security of children in child

4-19 care facilities;

4-20 3. The recognition of and strategies for the prevention of child

4-21 abuse;

4-22 4. The statutes and regulations of this state regarding the abuse and

4-23 neglect of children; and

4-24 5. The standards adopted pursuant to NRS 432A.077 to ensure the

4-25 quality of care provided by child care facilities.

4-26 Sec. 11. NRS 432A.024 is hereby amended to read as follows:

4-27 432A.024 1. "Child care facility" means:

4-42 does not regularly engage in that activity.

4-43 Sec. 12. NRS 432A.0275 is hereby amended to read as follows:

5-1 432A.0275 "On-site child care facility" means an establishment that:

5-2 1. Is licensed pursuant to this chapter;

5-3 2. Provides care to the children of employees of a business at the place

5-4 of employment;

5-5 3. Provides care on a temporary or permanent basis, during the day or

5-6 overnight, to [five] four or more children who are under the age of 18

5-7 years and who are not related within the third degree of consanguinity or

5-8 affinity to an owner or manager of the business; and

5-9 4. Is owned, operated, subsidized, managed, contracted for or staffed

5-10 by the business.

5-11 Sec. 13. NRS 432A.035 is hereby amended to read as follows:

5-12 432A.035 [The] Except as otherwise provided in section 4 of this act,

5-15 human resources pursuant to chapter 422 of NRS.

5-16 Sec. 14. NRS 432A.077 is hereby amended to read as follows:

5-17 432A.077 1. The board shall adopt:

6-1 2. The board shall require that the practices and policies of each child

6-2 care facility provide adequately for the protection of the health and safety

6-3 and the physical, moral and mental well-being of each child

6-4 accommodated in the facility.

6-5 3. If the board finds that the practices and policies of a child care

6-6 facility are substantially equivalent to those required by the board in its

6-7 regulations, it may waive compliance with a particular standard or other

6-8 regulation by that facility.

6-9 Sec. 15. NRS 432A.131 is hereby amended to read as follows:

6-10 432A.131 1. Child care facilities in any county or incorporated city

6-42 becomes effective.

7-1 Sec. 16. NRS 432A.180 is hereby amended to read as follows:

7-2 432A.180 1. Any authorized member or employee of the bureau

7-25 without prior notice.

7-26 Sec. 17. 1. The advisory council to improve the quality of child care

7-27 is hereby created. The advisory council consists of the chief of the bureau

7-28 of services for child care of the division of child and family services of the

7-29 department of human resources and nine other members to be appointed as

7-30 follows:

7-31 (a) The governor shall appoint to the advisory council one member who

7-32 has the qualifications of any member appointed pursuant to paragraph (b).

7-33 (b) The speaker of the assembly and the majority leader of the senate

7-34 shall each appoint to the advisory council:

7-35 (1) One member who has expert knowledge of child development in

7-36 early childhood and the education of children, and who is representative of

7-37 nonprofit organizations that serve children and families;

7-38 (2) One member who operates a child care facility or after-school

7-39 program for children, and who has expert knowledge of the operation of

7-40 such a facility or program;

7-41 (3) One member who is representative of organizations that promote

7-42 professional development in the workforce relating to child care; and

8-1 (4) One member who is a parent of a child who receives services for

8-2 child care.

8-3 Any member who is appointed to fill a vacancy must be appointed in the

8-4 same manner and possess the same general qualifications as his

8-5 predecessor in office.

8-6 2. The members of the advisory council serve without any additional

8-7 compensation, except that, while engaged in the business of the advisory

8-8 council, each member is entitled to receive the per diem allowance and

8-9 travel expenses provided for state officers and employees generally.

8-10 3. The bureau of services for child care of the division of child and

8-11 family services of the department of human resources shall provide the

8-12 advisory council with administrative support.

8-13 4. The advisory council shall:

8-14 (a) At its first meeting, elect a chairman from among its members.

8-15 (b) Meet at least four times annually and may meet at other times upon

8-16 the call of the chairman.

8-17 Sec. 18. The advisory council to improve the quality of child care

8-18 created pursuant to section 17 of this act shall:

8-19 1. Review the regulations of the board for child care and model

8-20 programs for the provision of child care in other states.

8-21 2. Develop standards for measuring the quality of facilities and

8-22 programs for the provision of child care in this state. The standards must

8-23 include a consideration of:

8-24 (a) The accreditation of those facilities and programs;

8-25 (b) Partnerships and other cooperative efforts between preschool

8-26 programs and the system of public schools;

8-27 (c) Developmentally appropriate activities for children, appropriate

8-28 materials and equipment for children with special needs, appropriate ratios

8-29 of staff to children, adequate measures for a safe and healthy environment,

8-30 including requirements for emergency evacuation, and appropriate levels

8-31 of supervision;

8-32 (d) Individualized assessments of children to evaluate their health and

8-33 developmental growth;

8-34 (e) Goals for the professional development of providers of child care;

8-35 (f) Qualitative criteria for the evaluation of facilities and programs for

8-36 the provision of child care;

8-37 (g) Methods for establishing rates and making payments for services

8-38 subsidized by public funding for the care of children; and

8-39 (h) Adequate remuneration for professional providers of child care

8-40 which is based upon established standards for the quality of child care,

8-41 education, experience, the degree of responsibility for children in care and

8-42 the degree of responsibility for the operation of a program for the

8-43 provision of child care.

9-1 3. Make recommendations to the board for child care for any changes

9-2 in the statutes and regulations of this state that the advisory council

9-3 determines are desirable to:

9-4 (a) Develop and carry out a system of licensing and reimbursement of

9-5 child care facilities by the state that will ensure the delivery of a high

9-6 quality of child care in this state; or

9-7 (b) Improve the quality of child care provided in this state.

9-8 4. Review the advisability and potential cost to increase state rates for

9-9 the reimbursement of child care facilities based upon the quality of care

9-10 provided, as determined pursuant to the standards adopted by the board for

9-11 child care pursuant to NRS 432A.077.

9-12 5. Review the advisability of allowing a child care facility that has a

9-13 highly qualified staff and provides care to children who are 3, 4 or 5 years

9-14 of age to reduce the ratio of the members of its staff to the children

9-15 receiving care.

9-16 6. Review the advisability of establishing a program to use a portion of

9-17 the licensing fees collected from child care facilities to pay for part of the

9-18 costs of instruction required pursuant to section 6 of this act.

9-19 7. Develop proposals to promote the cooperative assistance of child

9-20 care facilities in the implementation of the program established pursuant to

9-21 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance to

9-22 uninsured children from low-income families in this state.

9-23 Sec. 19. The advisory council to improve the quality of child care

9-24 created pursuant to section 17 of this act shall, on or before:

9-25 1. July 1, 2000, submit a preliminary report; and

9-26 2. September 1, 2000, submit a final report,

9-27 of its findings and recommendations to the governor, the board for child

9-28 care and the legislative commission. The board for child care may submit

9-29 not more than five of the recommendations for legislation contained in the

9-30 final report to the director of the legislative counsel bureau for

9-31 transmission to the 71st session of the Nevada Legislature.

9-32 Sec. 20. On or before February 15, 2003, the chief of the bureau of

9-33 services for child care of the division of child and family services of the

9-34 department of human resources shall provide to the director of the

9-35 legislative counsel bureau for transmission to the 72nd session of the

9-36 Nevada Legislature an evaluation of the extent to which the provisions of

9-37 this act have improved the quality of child care in this state.

9-38 Sec. 21. 1. This act becomes effective on July 1, 1999.

9-39 2. Sections 17 and 18 of this act expire by limitation on May 31, 2001.