Assembly Bill No. 378–Assemblymen Leslie, Conklin, Koivisto, Ohrenschall, Atkinson, Buckley, McClain and McCleary

 

March 17, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Authorizes agencies which provide child welfare services to apply to Federal Government to obtain access to certain records of criminal history under certain circumstances. (BDR 38‑1117)

 

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 protection of children; authorizing agencies which provide child welfare services to apply to the Compact Council of the National Crime Prevention and Privacy Compact for terminal access to the Interstate Identification Index for records of criminal history in accordance with the requirements of the Compact Council; 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 432B of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  An agency which provides child welfare services may submit an

1-4  application to the Compact Council established pursuant to the

1-5  National Crime Prevention and Privacy Compact, 42 U.S.C. §

1-6  14616, to request terminal access for a preliminary Interstate

1-7  Identification Index name-based check of records of criminal

1-8  history in accordance with the procedures set forth in 28 C.F.R. §§

1-9  901 et seq.

 

2-1  Sec. 2.  NRS 432B.190 is hereby amended to read as follows:

2-2  432B.190  The Division of Child and Family Services shall, in

2-3  consultation with each agency which provides child welfare

2-4  services, adopt:

2-5  1.  Regulations establishing reasonable and uniform standards

2-6  for:

2-7  (a) Child welfare services provided in this state;

2-8  (b) Programs for the prevention of abuse or neglect of a child

2-9  and the achievement of the permanent placement of a child;

2-10      (c) The development of local councils involving public and

2-11  private organizations;

2-12      (d) Reports of abuse or neglect, records of these reports and the

2-13  response to these reports;

2-14      (e) Carrying out the provisions of NRS 432B.260, including,

2-15  without limitation, the qualifications of persons with whom agencies

2-16  which provide child welfare services enter into agreements to

2-17  provide services to children and families;

2-18      (f) The management and assessment of reported cases of abuse

2-19  or neglect;

2-20      (g) The protection of the legal rights of parents and children;

2-21      (h) Emergency shelter for a child;

2-22      (i) The prevention, identification and correction of abuse or

2-23  neglect of a child in residential institutions;

2-24      (j) Evaluating the development and contents of a plan submitted

2-25  for approval pursuant to NRS 432B.395;

2-26      (k) Developing and distributing to persons who are responsible

2-27  for a child’s welfare a pamphlet that sets forth the procedures for

2-28  taking a child for placement in protective custody and the legal

2-29  rights of persons who are parties to a proceeding held pursuant to

2-30  NRS 432B.410 to 432B.590, inclusive, during all stages of the

2-31  proceeding; and

2-32      (l) Making the necessary inquiries required pursuant to NRS

2-33  432B.397 to determine whether a child is an Indian child; and

2-34      2.  Such other regulations as are necessary for the

2-35  administration of NRS 432B.010 to 432B.606, inclusive[.] , and

2-36  section 1 of this act.

2-37      Sec. 3.  This act becomes effective on July 1, 2003.

 

2-38  H