2023 Nevada Revised Statutes › Chapter 424 - Foster Homes for Children › NRS 424.039 - Licensing authority or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of foster home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints. [Effective until the earlier of June 30, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.] Licensing authority or designee authorized to conduct preliminary Federal Bureau of Investigation name-based check of background of certain adult residents of foster home in which child will be placed in emergency situation; person investigated to supply fingerprints; exchange of information; removal of child from home upon refusal to supply fingerprints. [Effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program.]

1. A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for or convicted of any crime.
2. Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.
3. If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.
(Added to NRS by 2003, 649; A 2011, 243)
1. A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation, other than a participant in the Extended Young Adult Support Services Program established pursuant to NRS 432B.5919, to determine whether the person investigated has been arrested for or convicted of any crime.
2. Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child, other than a participant in the Extended Young Adult Support Services Program established pursuant to NRS 432B.5919, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.
3. If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation, other than a participant in the Extended Young Adult Support Services Program established pursuant to NRS 432B.5919, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.
(Added to NRS by 2003, 649; A 2011, 243; 2021, 2718; 2023, 2064, effective on the earlier of July 1, 2025, or the date on which the Division of Child and Family Services of the Department of Health and Human Services notifies the Governor and the Director of the Legislative Counsel Bureau that there is sufficient money available to carry out the amendatory provisions of sections 1 to 34, inclusive, of chapter 419, Statutes of Nevada 2021, at page 2713, and an agency which provides child welfare services is prepared to participate in the Extended Young Adult Support Services Program)