(Reprinted with amendments adopted on April 17, 2003)

 

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 licensing authority and agency which provides child welfare services to obtain direct access to certain records of criminal history of Federal Bureau of Investigation for the placement of children in emergency situations. (BDR 38‑1117)

 

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 protection of children; authorizing a licensing authority and an agency which provides child welfare services to conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of certain persons for the placement of children in emergency situations; 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

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

1-3  1.  A licensing authority or its approved designee may, in

1-4  accordance with the procedures set forth in 28 C.F.R. §§ 901 et.

1-5  seq., conduct a preliminary Federal Bureau of Investigation

1-6  Interstate Identification Index name-based check of the records of

1-7  criminal history of a resident who is 18 years of age or older of a

1-8  foster home in which the licensing authority wishes to place a

1-9  child in an emergency situation to determine whether the person

1-10  investigated has been arrested for or convicted of any crime.

2-1  2.  Upon request of a licensing authority that wishes to place a

2-2  child in a foster home in an emergency situation, or upon request

2-3  of the approved designee of the licensing authority, a resident who

2-4  is 18 years of age or older of the foster home in which the

2-5  licensing authority wishes to place the child must submit to the

2-6  licensing authority or its approved designee a complete set of his

2-7  fingerprints and written permission authorizing the licensing

2-8  authority or its approved designee to forward those fingerprints to

2-9  the Central Repository for Nevada Records of Criminal History

2-10  for submission to the Federal Bureau of Investigation for its

2-11  report. The licensing authority or its approved designee shall

2-12  forward the fingerprints to the Central Repository for Nevada

2-13  Records of Criminal History within the time set forth in federal

2-14  law or regulation.

2-15      3.  If a resident who is 18 years of age or older of a foster

2-16  home in which a licensing authority places a child in an

2-17  emergency situation refuses to provide a complete set of

2-18  fingerprints to the licensing authority or its approved designee

2-19  upon request pursuant to subsection 2, the licensing authority

2-20  must immediately remove the child from the foster home.

2-21      Sec. 2.  Chapter 432B of NRS is hereby amended by adding

2-22  thereto a new section to read as follows:

2-23      1.  An agency which provides child welfare services or its

2-24  approved designee may, in accordance with the procedures set

2-25  forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal

2-26  Bureau of Investigation Interstate Identification Index name-

2-27  based check of the records of criminal history of a resident who is

2-28  18 years of age or older of a home in which the agency which

2-29  provides child welfare services wishes to place a child in an

2-30  emergency situation to determine whether the person investigated

2-31  has been arrested for or convicted of any crime.

2-32      2.  Upon request of an agency which provides child welfare

2-33  services that wishes to place a child in a home in an emergency

2-34  situation, or upon request of the approved designee of the agency

2-35  which provides child welfare services, a resident who is 18 years of

2-36  age or older of the home in which the agency which provides child

2-37  welfare services wishes to place the child must submit to the

2-38  agency which provides child welfare services or its approved

2-39  designee a complete set of his fingerprints and written permission

2-40  authorizing the agency which provides child welfare services or its

2-41  approved designee to forward those fingerprints to the Central

2-42  Repository for Nevada Records of Criminal History for submission

2-43  to the Federal Bureau of Investigation for its report. The agency

2-44  which provides child welfare services or its approved designee

2-45  shall forward the fingerprints to the Central Repository for

3-1  Nevada Records of Criminal History within the time set forth in

3-2  federal law or regulation.

3-3  3.  If a resident who is 18 years of age or older of a home in

3-4  which an agency which provides child welfare services places a

3-5  child in an emergency situation refuses to provide a complete set

3-6  of fingerprints to the agency which provides child welfare services

3-7  or its approved designee upon request pursuant to subsection 2,

3-8  the agency which provides child welfare services must immediately

3-9  remove the child from the home.

3-10      Sec. 3.  NRS 432B.190 is hereby amended to read as follows:

3-11      432B.190  The Division of Child and Family Services shall, in

3-12  consultation with each agency which provides child welfare

3-13  services, adopt:

3-14      1.  Regulations establishing reasonable and uniform standards

3-15  for:

3-16      (a) Child welfare services provided in this state;

3-17      (b) Programs for the prevention of abuse or neglect of a child

3-18  and the achievement of the permanent placement of a child;

3-19      (c) The development of local councils involving public and

3-20  private organizations;

3-21      (d) Reports of abuse or neglect, records of these reports and the

3-22  response to these reports;

3-23      (e) Carrying out the provisions of NRS 432B.260, including,

3-24  without limitation, the qualifications of persons with whom agencies

3-25  which provide child welfare services enter into agreements to

3-26  provide services to children and families;

3-27      (f) The management and assessment of reported cases of abuse

3-28  or neglect;

3-29      (g) The protection of the legal rights of parents and children;

3-30      (h) Emergency shelter for a child;

3-31      (i) The prevention, identification and correction of abuse or

3-32  neglect of a child in residential institutions;

3-33      (j) Evaluating the development and contents of a plan submitted

3-34  for approval pursuant to NRS 432B.395;

3-35      (k) Developing and distributing to persons who are responsible

3-36  for a child’s welfare a pamphlet that sets forth the procedures for

3-37  taking a child for placement in protective custody and the legal

3-38  rights of persons who are parties to a proceeding held pursuant to

3-39  NRS 432B.410 to 432B.590, inclusive, during all stages of the

3-40  proceeding; and

3-41      (l) Making the necessary inquiries required pursuant to NRS

3-42  432B.397 to determine whether a child is an Indian child; and

3-43      2.  Such other regulations as are necessary for the

3-44  administration of NRS 432B.010 to 432B.606, inclusive[.] , and

3-45  section 2 of this act.

4-1  Sec. 4.  This act becomes effective on July 1, 2003.

 

4-2  H