Assembly Bill No. 531–Committee on Health
and Human Services

March 15, 1999

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Referred to Committee on Health and Human Services

 

SUMMARY—Clarifies and limits liability of certain persons who provide foster care for children in their care. (BDR 38-1637)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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).

 

AN ACT relating to foster homes; clarifying and limiting the liability of certain persons who provide foster care for children in their care; limiting the criminal liability of such persons for the truancy of children in their care; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 424 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided by specific statute, a person who is

1-4 licensed by the division pursuant to NRS 424.030 to conduct a family

1-5 foster home or group foster home is not liable for any act of a child in his

1-6 foster care unless the person licensed by the division took an affirmative

1-7 action that contributed to the act of the child.

1-8 2. The immunity from liability provided pursuant to this section

1-9 includes, without limitation, immunity from any fine, penalty, debt or

1-10 other liability incurred as a result of the act of the child.

1-11 Sec. 2. NRS 424.090 is hereby amended to read as follows:

1-12 424.090 The provisions of NRS 424.010 to 424.100, inclusive, and

1-13 section 1 of this act do not apply to homes in which:

1-14 1. Care is provided only for a neighbor’s or friend’s child on an

1-15 irregular or occasional basis for a brief period, not to exceed 90 days.

1-16 2. Care is provided by the legal guardian.

1-17 3. Care is provided for an exchange student.

2-1 4. Care is provided to enable a child to take advantage of educational

2-2 facilities that are not available in his home community.

2-3 5. Any child or children are received, cared for and maintained

2-4 pending completion of proceedings for adoption of such child or children,

2-5 except as otherwise provided in NRS 127.2815.

2-6 Sec. 3. NRS 41.470 is hereby amended to read as follows:

2-7 41.470 1. [Any] Except as otherwise provided in section 1 of this

2-8 act, any act of willful misconduct of a minor which results in any injury or

2-9 death to another person or injury to the private property of another or to

2-10 public property is imputed to the parents or guardian having custody and

2-11 control of the minor for all purposes of civil damages, and the parents or

2-12 guardian having custody or control are jointly and severally liable with the

2-13 minor for all damages resulting from the willful misconduct.

2-14 2. The joint and several liability of one or both parents or guardian

2-15 having custody or control of a minor under this section [shall] must not

2-16 exceed $10,000 for any such act of willful misconduct of the minor.

2-17 3. The liability imposed by this section is in addition to any other

2-18 liability [now] imposed by law.

2-19 Sec. 4. NRS 62.085 is hereby amended to read as follows:

2-20 62.085 1. If a child is alleged to be delinquent or in need of

2-21 supervision, the child and his parents, guardian or custodian must be

2-22 advised by the court or its representative that the child is entitled to be

2-23 represented by an attorney at all stages of the proceedings, unless waived.

2-24 If indigent, the parent, guardian or custodian of the child may request the

2-25 appointment of an attorney to represent the child pursuant to the provisions

2-26 in NRS 171.188. If not indigent and:

2-27 (a) An attorney is not retained for the child; or

2-28 (b) It does not appear that an attorney will be retained,

2-29 an attorney must be appointed for the child, unless waived.

2-30 2. [If] Except as otherwise provided in section 1 of this act, if an

2-31 attorney is appointed to represent a child [, the] :

2-32 (a) The parents of that child shall pay the reasonable fees and expenses

2-33 of the attorney unless they are indigent [.] ; or

2-34 (b) If the parents of the child are indigent, the court may require the

2-35 parent [, guardian or custodian] or guardian of the child to reimburse the

2-36 county or state in accordance with his ability to pay.

2-37 3. The parent, guardian or custodian may be represented by an attorney

2-38 at all stages of the proceedings. In no case may an attorney be appointed for

2-39 him unless the court makes written findings that such an appointment is

2-40 required in the interest of justice and specifying the reasons thereof.

2-41 4. Each attorney, other than a public defender, [if] appointed under the

2-42 provisions of this section [,] is entitled to the same compensation and

3-1 expenses from the county as provided in NRS 7.125 and 7.135 for

3-2 attorneys appointed to represent persons charged with crimes.

3-3 Sec. 5. NRS 392.210 is hereby amended to read as follows:

3-4 392.210 [Any]

3-5 1. Except as otherwise provided in subsection 2, a parent, guardian or

3-6 other person who has control or charge of any child and to whom notice has

3-7 been given of the child’s truancy as provided in NRS 392.130 and 392.140,

3-8 and who fails to prevent the child’s subsequent truancy within that school

3-9 year, is guilty of a misdemeanor.

3-10 2. A person who is licensed by the division of child and family

3-11 services of the department of human resources pursuant to NRS 424.030

3-12 to conduct a family foster home or group foster home is liable pursuant

3-13 to subsection 1 for a child in his foster care only if the person has

3-14 received notice of the truancy of the child as provided in NRS 392.130

3-15 and 392.140, and negligently fails to prevent the subsequent truancy of

3-16 the child within that school year.

3-17 Sec. 6. The amendatory provisions of this act do not affect any

3-18 liability of a person incurred:

3-19 1. Before October 1, 1999; or

3-20 2. As a result of any act committed by a child before October 1, 1999.

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