Assembly Bill No. 302–Assemblymen Freeman, Williams, Arberry, McClain, Leslie, Evans, Gibbons, Von Tobel, Tiffany, Parnell, Bache, Anderson, Giunchigliani, Parks, Collins, Manendo, Ohrenschall, Price, Koivisto, Angle, Chowning, Mortenson, Neighbors, Berman, Perkins, de Braga, Thomas, Claborn, Goldwater, Segerblom and Lee
February 22, 1999
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Joint Sponsors: Senators Townsend, Wiener, Porter,
Amodei, James, Schneider and Titus
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Referred to Committee on Health and Human Services
SUMMARY—Makes various changes regarding services and facilities for care of children. (BDR 38-1358)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 432A of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 9, inclusive, of this act.1-3
Sec. 2. The chief shall encourage and assist organizations that offer1-4
toll-free telephone services for the provision of information regarding1-5
child care to include in those services the provision of information1-6
regarding:1-7
1. All child care facilities that are currently licensed pursuant to NRS1-8
432A.131 to 432A.220, inclusive, and sections 7, 8 and 9 of this act;2-1
2. All referral services for child care in this state;2-2
3. All child care facilities in this state that have been denied a license2-3
or have had their licenses suspended, revoked or otherwise terminated;2-4
4. The results of inspections conducted pursuant to NRS 432A.180;2-5
and2-6
5. Complaints regarding child care facilities in this state, including2-7
the nature of the complaints, the status or outcome of the complaints and2-8
any penalties imposed.2-9
Sec. 3. 1. The child care quality account is hereby created in the2-10
state general fund.2-11
2. The chief shall administer the account and may accept gifts and2-12
grants of money from any source for deposit in the account. The chief2-13
may expend money in the account only to carry out the provisions of2-14
section 4 of this act.2-15
3. The interest and income earned on the money in the account, after2-16
deducting any applicable charges, must be credited to the account. The2-17
money in the account does not lapse to the state general fund at the end2-18
of a fiscal year. All claims against the account must be paid as other2-19
claims against the state are paid.2-20
Sec. 4. The chief shall:2-21
1. Establish a program to assist in:2-22
(a) Improving the education and training of providers of child care in2-23
this state;2-24
(b) Increasing the accreditation of providers of child care in this state2-25
by:2-26
(1) The National Association for the Education of Young Children2-27
or its successor organization; or2-28
(2) Any other accrediting body approved by the board;2-29
(c) Increasing the ratio of the number of persons providing child care2-30
in this state to the number of children receiving child care in this state;2-31
(d) Increasing the remuneration of providers of child care in this2-32
state;2-33
(e) Decreasing the turnover rate among persons employed to provide2-34
child care in this state; and2-35
(f) Providing loans for the construction and renovation of child care2-36
facilities in this state.2-37
2. Prepare and advertise a request for proposals by independent2-38
contractors to assist in carrying out the program established pursuant to2-39
subsection 1. Any contract awarded to such a contractor must be3-1
awarded by competitive selection and require the contractor to provide3-2
funding to carry out the program in an amount that is not less than the3-3
amount of money provided to the contractor by the chief.3-4
Sec. 5. The department shall adopt a payment schedule, applicable3-5
to all programs pursuant to which the department reimburses a child3-6
care facility for the provision of child care, which provides for the3-7
payment, at a rate that is 10 percent greater than the usual and3-8
customary rate of payment, of a child care facility that is accredited by:3-9
1. The National Association for the Education of Young Children or3-10
its successor organization; or3-11
2. Any other accrediting body approved by the board.3-12
Sec. 6. 1. The board shall adopt regulations requiring the staff of a3-13
child care facility to obtain appropriate training and continuing3-14
education in child care and the operation of a child care facility.3-15
2. The instruction required pursuant to this section must be obtained3-16
in:3-17
(a) Courses approved for the award of academic credit by a university3-18
or community college within the University and Community College3-19
System of Nevada; or3-20
(b) A program of instruction approved by the bureau that encourages3-21
the categorization of professions in child care based upon education and3-22
experience.3-23
Sec. 7. The operator of a child care facility shall display, in a3-24
conspicuous place in the facility that is clearly visible to the general3-25
public:3-26
1. His license to operate the child care facility; and3-27
2. The most recent reports he has received regarding the results of3-28
inspections of the facility conducted pursuant to NRS 432A.180.3-29
Sec. 8. 1. The bureau shall not renew the license of a child care3-30
facility unless:3-31
(a) The bureau has:3-32
(1) Inspected the facility pursuant to subsection 1 of NRS 432A.1803-33
within the immediately preceding year and determined that the facility is3-34
operating in a satisfactory manner;3-35
(2) Resolved to its satisfaction any reports it has received regarding3-36
the alleged violation by the facility of a statute or regulation of this state3-37
relating to child care facilities; and3-38
(3) Determined that all the staff of the facility have obtained the3-39
instruction required pursuant to section 6 of this act; or3-40
(b) The bureau and the child care facility have agreed to a plan for3-41
the correction by the facility of any grounds for the bureau to deny the3-42
renewal of the license pursuant to paragraph (a).4-1
2. An application submitted to the bureau for the renewal of a4-2
license issued pursuant to this chapter must be accompanied by such4-3
documentation as the bureau deems necessary to carry out this section.4-4
Sec. 9. The bureau shall ensure that an employee or other member4-5
of the bureau who conducts inspections pursuant to NRS 432A.180 has4-6
received training in:4-7
1. The principles of child development in early childhood;4-8
2. Procedures to ensure the safety and security of children in child4-9
care facilities;4-10
3. The recognition of and strategies for the prevention of child4-11
abuse;4-12
4. The statutes and regulations of this state regarding the abuse and4-13
neglect of children; and4-14
5. The standards adopted pursuant to NRS 432A.077 to ensure the4-15
quality of care provided by child care facilities.4-16
Sec. 10. NRS 432A.035 is hereby amended to read as follows: 432A.0354-18
the provisions of this chapter do not apply to the program for child care and4-19
development administered by the welfare division of the department of4-20
human resources pursuant to chapter 422 of NRS.4-21
Sec. 11. NRS 432A.077 is hereby amended to read as follows: 432A.077 1. The board shall adopt:4-23
(a) Licensing standards for child care facilities.4-24
(b) In consultation with the state fire marshal, plans and requirements to4-25
ensure that each child care facility and its staff is prepared to respond to4-26
emergencies, including, without limitation:4-27
(1) The conducting of fire drills on a monthly basis;4-28
(2) The adoption of plans to respond to natural disasters and4-29
emergencies other than those involving fire; and4-30
(3) The adoption of plans to provide for the evacuation of child care4-31
facilities in an emergency.4-32
(c) Requirements for child care facilities to maintain such4-33
documentation as the board determines to be necessary to carry out the4-34
inspections required by NRS 432A.180.4-35
(d) Such other regulations as it deems necessary or convenient to carry4-36
out the provisions of this chapter.4-37
2. The board shall require that the practices and policies of each child4-38
care facility provide adequately for the protection of the health and safety4-39
and the physical, moral and mental well-being of each child accommodated4-40
in the facility.5-1
3. If the board finds that the practices and policies of a child care5-2
facility are substantially equivalent to those required by the board in its5-3
regulations, it may waive compliance with a particular standard or other5-4
regulation by that facility.5-5
Sec. 12. NRS 432A.131 is hereby amended to read as follows: 432A.131 1. Child care facilities in any county or incorporated city5-7
where the governing body has established an agency for the licensing of5-8
child care facilities and enacted an ordinance requiring that child care5-9
facilities be licensed by the county or city need not be licensed by the5-10
bureau. The licensing agency shall adopt such standards and other5-11
regulations as may be necessary for the licensing of child care facilities,5-12
and the standards and regulations:5-13
(a) Must be not less restrictive than5-14
chapter and the standards and other regulations adopted by the board;5-15
and5-16
(b) Take effect only upon their approval by the bureau.5-17
2. An agency for the licensing of child care facilities established by a5-18
city or county may waive compliance with a particular standard or other5-19
regulation by a child care facility if:5-20
(a) The agency finds that the practices and policies of that facility are5-21
substantially equivalent to those required by the agency in its standards and5-22
other regulations; and5-23
(b) The waiver does not allow a practice which violates a provision of5-24
this chapter or a regulation adopted by the board.5-25
3. A governing body may adopt such standards and other regulations as5-26
may be necessary for the regulation of facilities which provide care for5-27
fewer than five children. If the standards so adopted are less restrictive than5-28
the provisions of this chapter and the standards5-29
5-30
board, the governing body shall not issue a license to the smaller facilities,5-31
but may register them in accordance with the5-32
are less restrictive.5-33
4. If a governing body intends to amend or repeal an ordinance5-34
providing for the licensing of child care facilities and the effect of that5-35
action will be the discontinuance of the governing body’s licensure of child5-36
care facilities, the governing body shall notify the bureau of its intention to5-37
do so at least 12 months before the amendment or repeal becomes effective.5-38
Sec. 13. NRS 432A.180 is hereby amended to read as follows: 432A.180 1. Any authorized member or employee of the bureau may5-40
enter and inspect any building or premises of a child care facility or the5-41
area of operation of an outdoor youth program at any time to secure5-42
compliance with or prevent a violation of any provision of this chapter5-43
or a standard or other regulation adopted by the board. The bureau shall6-1
ensure that an inspection is conducted pursuant to this subsection at least6-2
annually and as soon as is practicable after the bureau receives a report6-3
that a child care facility has committed or is committing a violation of a6-4
provision of this chapter or a standard or other regulation adopted by the6-5
board that may be detrimental to the health or safety of a child receiving6-6
care.6-7
2. The state fire marshal or his designate shall, at least annually:6-8
(a) Enter and inspect every building or premises of a child care facility,6-9
on behalf of the bureau; and6-10
(b) Observe and make recommendations regarding the drills conducted6-11
pursuant to NRS 432A.077,6-12
to secure compliance with standards for safety from fire and other6-13
emergencies.6-14
3. The state health officer or his designate shall enter and inspect at6-15
least annually, every building or premises of a child care facility and area6-16
of operation of an outdoor youth program, on behalf of the bureau, to6-17
secure compliance with standards for health and sanitation.6-18
4. A child care facility may be inspected pursuant to this section6-19
without prior notice.6-20
Sec. 14. The chief of the bureau of services for child care of the6-21
division of child and family services of the department of human resources:6-22
1. Shall use his best efforts to ensure that the program established6-23
pursuant to section 4 of this act is achieving successful results before6-24
January 1, 2001.6-25
2. Shall:6-26
(a) Cause an independent study to be conducted to determine:6-27
(1) The extent to which the program established pursuant to section 46-28
of this act has resulted in any:6-29
(I) Improvement in the average amount of education and training6-30
obtained by providers of child care in this state;6-31
(II) Increase in the number of providers of child care in this state6-32
who have obtained or are in the process of obtaining accreditation from the6-33
National Association for the Education of Young Children or its successor6-34
organization, or from any other accrediting body approved by the board for6-35
child care;6-36
(III) Increase in the ratio of the number of persons providing child6-37
care in this state to the number of children receiving child care in this state;6-38
(IV) Increase in the average amount of remuneration received by6-39
providers of child care in this state; and6-40
(V) Decrease in the turnover rate among persons employed to6-41
provide child care in this state; and7-1
(2) The effect of the program established pursuant to section 4 of this7-2
act on the number, amount and purpose of any loans provided for the7-3
construction and renovation of child care facilities in this state; and7-4
(b) Submit the findings of the study to:7-5
(1) The board for child care; and7-6
(2) The legislative commission or, if the legislature is in general7-7
session, the senate standing committee on human resources and facilities7-8
and the assembly standing committee on health and human services.7-9
3. Notwithstanding the provisions of section 3 of this act, may expend7-10
money from the child care quality account created pursuant to section 3 of7-11
this act to carry out the provisions of subsection 2.7-12
Sec. 15. There is hereby appropriated from the state general fund to7-13
the child care quality account created pursuant to section 3 of this act the7-14
sum of $50,000.7-15
Sec. 16. 1. There is hereby appropriated from the state general fund7-16
to the City of Las Vegas the sum of $350,000 for continued support of the7-17
child care training program currently operated by the City of Las Vegas.7-18
2. Any remaining balance of the appropriation made by subsection 17-19
must not be committed for expenditure after June 30, 2001, and reverts to7-20
the state general fund as soon as all payments of money committed have7-21
been made.7-22
Sec. 17. This act becomes effective on July 1, 1999.~