reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 24 - NEW

Current through June 11, 2024
1. Each of the following acts or omissions is
		  a ground for the denial, suspension or revocation of the certification of a
		  program:
(a) Any misrepresentation of or
		  failure to disclose any material fact in the application for the issuance or
		  renewal of the certification or in any financial record or other document
		  requested by the Division.
(b) A
		  lack of personnel in sufficient numbers or qualifications to provide proper
		  care and support for clients.
(c)
		  Conviction of the operator of the program or any employee or independent
		  contractor of the operator of a crime relevant to any aspect of the provision
		  of tenancy support services.
(d)
		  Any deficiency of the operator of the program relating to the provision of
		  tenancy support services that poses an imminent or probable risk of harm to the
		  health or welfare of any client.
(e) Any fraudulent activity by the operator
		  or an employee or independent contractor of the program, including, without
		  limitation, any fraudulent billing, falsification of records or misuse or
		  misappropriation of the property of a client.
(f) Any refusal to participate in any aspect
		  of a review or investigation by the Division.
(g) The failure or refusal of the operator of
		  the program to implement any action required by the Division to correct a
		  deficiency identified during a review or investigation by the
		  Division.
(h) Abuse, neglect,
		  exploitation or coercion of a client.
(i) Harassing, coercive, intimidating,
		  insulting, abusive or disruptive language or behavior directed at:
(1) An employee of the Division;
(2) An employee or independent contractor of
		  the program, another program or a person or entity providing services other
		  than tenancy support services; or
(3) A client or a family member or guardian
		  of a client.
(j)
		  Exclusion of the operator of the program, an officer or employee of the
		  operator or an independent contractor of the operator who oversees the
		  provision of tenancy support services from participation in Medicare, Medicaid
		  or any other federal health care program pursuant to federal law.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 25 - NEW

Current through June 11, 2024
1. The Division shall give the operator of a
		  program written notice of any intended action to deny, suspend or revoke the
		  certification of the program in the manner required by NAC
		  439.345.
2. If the denial, suspension or revocation of
		  the certification of a program is pending and the Division determines that the
		  grounds for the denial, suspension or revocation place any person at an
		  imminent or probable risk of harm, the Division may immediately terminate the
		  provision of tenancy support services by the operator of the program pending a
		  final decision.
Added to NAC by Div. of Health Care Fin. &
			Policy by
			R030-20A,
			eff. 12/22/2021
NRS 422.3964,
			433.324,
			439.200
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 26 - NEW

Current through June 11, 2024
1. If the operator of a program is aggrieved
		  by any decision concerning the denial, suspension or revocation of
		  certification, the operator may submit a request for an appeal to the
		  Administrator of the Division pursuant to the procedures set forth in NAC
		  439.300 to
		  439.395,
		  inclusive.
2. Except in the case of
		  an immediate termination of the provision of tenancy support services pursuant
		  to section 25 , the effective date of a suspension or revocation is stayed upon
		  receipt of a request for an appeal until the hearing officer renders a decision
		  regarding the appeal.
Added to NAC by Div. of Health Care Fin. &
			Policy by
			R030-20A,
			eff. 12/22/2021
NRS 422.3964,
			433.324,
			439.200
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 2.1 - NEW

Current through June 11, 2024
As used in sections 2 to 9, inclusive, unless the context
			otherwise requires, the words and terms defined in sections 3 and 4 have the
			meanings ascribed to them in those sections.
Added
			to NAC by Div. of Health Care Fin. & Policy by
			R086-20A,
			eff. 4/11/2022
NRS 422A.675,
			439.200.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 3.1 - NEW

Current through June 11, 2024
"Account" means the Diapering Resources Account created by NRS
			422A.675.
Added
			to NAC by Div. of Health Care Fin. & Policy by
			R086-20A,
			eff. 4/11/2022
NRS 422A.675,
			439.200.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 4.1 - NEW

Current through June 11, 2024
"Operating agreement" means an agreement entered into pursuant
			to section 6 between the Division of Public and Behavioral Health and a person
			or entity approved by the Division of Public and Behavioral Health to receive a
			grant from the Account.
Added
			to NAC by Div. of Health Care Fin. & Policy by
			R086-20A,
			eff. 4/11/2022
NRS 422A.675,
			439.200.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 5.1 - NEW

Current through June 11, 2024
1.
		  To receive a grant of money from the Account, a person or entity must apply to
		  the Division of Public and Behavioral Health in the form prescribed by the
		  Division of Public and Behavioral Health. The application must include, without
		  limitation:
(a) The manner in which the
		  person or entity proposes to use the grant, including, without limitation,
		  itemized estimates of the costs of the goods and services for which the person
		  or entity proposes to use the grant;
(b) A commitment to enter into an operating
		  agreement if the application is approved and proposed terms for the operating
		  agreement; and
(c) The amount of
		  the grant for which the applicant is applying.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 6.1 - NEW

Current through June 11, 2024
1.
		  If the Division of Public and Behavioral Health approves an application for a
		  grant of money from the Account pursuant to section 5, the grantee must enter
		  into an operating agreement with the Division of Public and Behavioral Health
		  that specifies:
(a) The amount of the
		  grant;
(b) The manner in which the
		  money must be used;
(c) The date on
		  which the application was approved;
(d) The indicators of performance that the
		  Division of Public and Behavioral Health and the grantee will use to measure
		  the success of the program funded by the grant;
(e) That the grantee must submit the report
		  described in section 7;
(f) That
		  the Division of Public and Behavioral Health or a designee thereof may review
		  any document under the control of the grantee if the Division of Public and
		  Behavioral Health or the designee determines the review to be necessary to
		  provide financial oversight of the project; and
(g) The date on which the grant
		  expires.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 7.1 - NEW

Current through June 11, 2024
The recipient of a grant of money from the Account shall submit
			to the Division of Public and Behavioral Health a quarterly report which
			includes, without limitation:
1. An
		  evaluation of the success of the project funded by the grant using each
		  indicator of performance specified in the operating agreement;
2. Projected estimates of the costs involved
		  in the project funded by the grant for the immediately following quarter and
		  the duration of the grant; and
3.
		  The dates on which the grantee expects to draw money from the grant for the
		  duration of the grant and the amount of money that the grantee expects to draw
		  on each date.
Added
			to NAC by Div. of Health Care Fin. & Policy by
			R086-20A,
			eff. 4/11/2022
NRS 422A.675,
			439.200.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 8.1 - NEW

Current through June 11, 2024
1.
		  To draw money from a grant from the Account, a grantee must submit a request to
		  the Administrator of the Division of Public and Behavioral Health in the form
		  prescribed by the Administrator of the Division of Public and Behavioral
		  Health. The request must include, without limitation:
(a) The amount of money that the grantee is
		  requesting to withdraw; and
(b)
		  Evidence that the grantee is meeting the indicators of performance prescribed
		  in the operating agreement.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › GENERAL PROVISIONS › Section 422.Sec. 9.1 - NEW

Current through June 11, 2024
1.
		  If the Division of Public and Behavioral Health determines that a grantee no
		  longer needs a grant of money from the Account or any portion thereof, the
		  Administrator of the Division of Public and Behavioral Health may:
(a) Cease making further disbursements from
		  the grant;
(b) Require the grantee
		  to repay any unused portion of the grant; or
(c) Take both of the actions described in
		  paragraphs (a) and (b).
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.105 - Intergovernmental transfers of money from certain counties to Division; discharge of duty to provide medical treatment for indigent inpatients in certain circumstances

Current through June 11, 2024
1. In a county
		  whose population is 100,000 or more within which a public hospital is located,
		  the State or political subdivision responsible for the public hospital shall
		  transfer to the Division an amount equal to:
(a) Seventy percent of the total amount of
		  disproportionate share payments distributed to all hospitals pursuant to this
		  chapter and
		  NRS 422.380 to
		  422.390,
		  inclusive, for the current fiscal year, less $1,050,000; or
(b) Sixty-eight and fifty-four one hundredths
		  percent of the total amount of disproportionate share payments distributed to
		  all hospitals pursuant to this chapter and
		  NRS 422.380 to
		  422.390,
		  inclusive, for the current fiscal year,
whichever is less.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.115 - Designation of pools of hospitals and distribution of disproportionate share payments to each pool; requirements; limitations; calculation of total computable payments

Current through June 11, 2024
1. Except as
		  otherwise provided in subsection 2, the Division will initially distribute for:
(a) Pool A, which consists of all public
		  hospitals in counties whose population is 700,000 or more, total annual
		  disproportionate share payments in the amount of 87.97 percent of the total
		  computable disproportionate share hospital supplemental payments for the fiscal
		  year;
(b) Pool B, which consists
		  of all private hospitals in counties whose population is 700,000 or more, total
		  annual disproportionate share payments in the amount of 1.69 percent of the
		  total computable disproportionate share hospital supplemental payments for the
		  fiscal year;
(c) Pool C, which
		  consists of all private hospitals in counties whose population is 100,000 or
		  more but less than 700,000, total annual disproportionate share payments in the
		  amount of 5.86 percent of the total computable disproportionate share hospital
		  supplemental payments for the fiscal year;
(d) Pool D, which consists of all public
		  hospitals in counties whose population is less than 100,000, total annual
		  disproportionate share payments in the amount of 1.34 percent of the total
		  computable disproportionate share hospital supplemental payments for the fiscal
		  year; and
(e) Pool E, which
		  consists of all private hospitals in counties whose population is less than
		  100,000, total annual disproportionate share payments in the amount of 3.14
		  percent of the total computable disproportionate share supplemental payments
		  for the fiscal year.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.125 - Formula for Division to calculate distribution factor for hospitals (Repealed)

Current through June 11, 2024
Added to NAC
			by Div. of Health Care Fin. & Policy by R033-10, eff. 6-30-2010; R by
			R086-13,
			eff. 12/22/2014
NRS
			  422.390
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.135 - Percentage of initial distribution of disproportionate share payments

Current through June 11, 2024
1. The Division will distribute
		  disproportionate share payments as follows:
(a) Fifty percent of the amount allocated to
		  a pool pursuant to NAC 422.115 will be distributed among hospitals in that pool
		  in an amount corresponding to the uncompensated care percentage of the
		  hospital, which is determined by dividing uncompensated care costs of the
		  hospital by the net patient revenues of the hospital. The net patient revenues
		  of a hospital will be determined by subtracting any contracted allowances and
		  discounts reported on the Medicare Cost Report filed by the hospital pursuant
		  to subsection 1 of NAC 439B.230 from the total patient revenues of the
		  hospital.
(b) Fifty percent of the
		  amount allocated to a pool pursuant to NAC 422.115 will be distributed among
		  hospitals in that pool in an amount corresponding to the percentage of total
		  uncompensated care costs of each hospital, which is determined by dividing the
		  uncompensated care costs of a hospital by the aggregate total uncompensated
		  care costs of all hospitals within the pool of hospitals in which the hospital
		  is placed pursuant to NAC 422.115.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.145 - Audit of hospitals required

Current through June 11, 2024
The Division will audit each hospital for each year in which
			the hospital received a disproportionate share payment pursuant to this chapter
			and
			NRS 422.380 to
			422.390,
			inclusive. The audit must be conducted in accordance with the provisions of
			Title XIX of the Social Security Act,
			42 U.S.C.
			§§
									1396 et seq., and the
			regulations adopted pursuant to those provisions.
Added to NAC by Div. of
			Health Care Fin. & Policy by R033-10, eff.
			6-30-2010
NRS
			  422.390
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.155 - Recalculation after audit; final distribution; recovery and redistribution of payments

Current through June 11, 2024
1. If the Division
		  determines, based on an audit conducted pursuant to NAC 422.145, that a
		  hospital's initial disproportionate share payment exceeds the amount that the
		  hospital was entitled to receive, the Division will recalculate, based upon the
		  results of the audit, for each hospital in the affected pool, the:
(a) Uncompensated care costs;
(b) Uncompensated care percentages,
		  determined in the manner described in paragraph (a) of subsection 1 of NAC
		  422.135; and
(c) Final
		  disproportionate share payments using the amounts recalculated pursuant to
		  paragraphs (a) and (b) and determined in the manner described in NAC 422.135.
Nevada Administrative Code › Chapter 422 - Health Care Financing and Policy › PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS › Section 422.165 - Transfer of money to certain public hospitals

Current through June 11, 2024
To the extent that money is available from the amount
			transferred to the Division pursuant to NAC 422.105, the Division will
			distribute $50,000 from that amount each fiscal year to each public hospital
			which:
1. Is located in a county that
		  does not have any other hospital; and
2. Is not eligible for a disproportionate
		  share payment pursuant to this chapter.
Added to NAC by Div. of
			Health Care Fin. & Policy by R033-10, eff.
			6-30-2010
NRS
			  422.390
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.005 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 424.010 to 424.080, inclusive, sections 2 to
				10, inclusive have the meanings ascribed to them in those sections.
Supplied in
				codification; A by Div. of Child & Fam. Services, 8-27-92; R066-99,
				11-8-99; R044-02, 7-23-2002; A by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.0105 - "Agency which provides child welfare services" defined

Current through June 11, 2024
"Agency which provides child welfare services" has the meaning
				ascribed to it in
				NRS
				432B.030.
Added to NAC by Div. of
				Child & Fam. Services by R044-02, eff.
				7-23-2002
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.011 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a person applying to be a provider of foster
				care.
Added to NAC
				by Div. of Child & Fam. Services by R066-99, eff. 11-8-99; A by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.012 - "Central Repository" defined

Current through June 11, 2024
"Central Repository" means the Central Repository for Nevada
				Records of Criminal History created by
				NRS
				179A.075.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.014 - "Child and family team" defined

Current through June 11, 2024
"Child and family team" means a team assigned pursuant to NAC
				424.502.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.015 - "Child-placing agency" defined

Current through June 11, 2024
"Child-placing agency" means a person who places or arranges
				the placement of children for adoption or permanent free care in accordance
				with chapter 127 of NRS.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.017 - "Communicable disease" defined

Current through June 11, 2024
"Communicable disease" has the meaning ascribed to it in NAC
				441A.040.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.020 - "Day care" defined

Current through June 11, 2024
"Day care" means supplemental parental care away from the
				child's own home during any portion of the day, but less than 24 hours. This
				may be either daytime or nighttime care.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.022 - "Direct care staff" defined

Current through June 11, 2024
"Direct care staff" means a licensee, foster parent, paid
				employee or volunteer staff who is responsible for the direct care or
				supervision of a child placed in a foster home.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.025 - "Director" defined

Current through June 11, 2024
"Director" means the person responsible for the operation of a
				specialized foster home , independent living foster home or group foster home
				or the person appointed to provide oversight of a fo ster care agency pursuant
				to
				NRS
				424.099, as applicable
Welfare
				Div., Req. for Foster Care part § 102.3, 10-7-88, eff. 1-1-89-NAC A by
				Div. of Child & Fam. Services by R044-02, 7-23-2002; A by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.040 - "Emergency shelter care" defined

Current through June 11, 2024
"Emergency shelter care" means short-term care, usually not to
				exceed 30 days, provided until long-range plans can be made for a child who
				cannot be maintained in his/her own home because he/she is in clear and present
				danger of abuse, neglect or exploitation.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.053 - "Gender identity or expression" defined

Current through June 11, 2024
"Gender identity or expression" has the meaning ascribed to it
				in
				NRS
				424.0145.
Added to NAC by Div. of
				Child & Fam. Services by R051-18, eff.
				10-25-2018
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.057 - "Licensee" defined

Current through June 11, 2024
"Licensee" means the person licensed by the licensing authority
				to operate a foster home.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.058 - "Licensing authority" defined

Current through June 11, 2024
"Licensing authority" has the meaning ascribed to it in NRS NRS
				NRS
				424.016.
Added to NAC by Div. of
				Child & Fam. Services by R044-02, eff.
				7-23-2002
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.059 - "Licensing authority representative" defined

Current through June 11, 2024
"Licensing authority representative" means:
1. In a county whose population is 100,000 or
			 more, the director of the agency of the county that provides or arranges for
			 necessary child welfare services or a person designated by him; or
2. In a county whose population is less than
			 100,000, the Administrator or a person designated by him.
Added to NAC by Div. of
				Child & Fam. Services by R044-02, eff.
				7-23-2002
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.061 - "Operator" defined. (Repealed)

Current through June 11, 2024
Added to
				NAC by Div. of Child & Fam. Services by R044-02, eff. 7-23-2002; R by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.062 - "Nondirect care staff" defined

Current through June 11, 2024
"Nondirect care staff" means a paid employee or volunteer staff
				who:
1. Provides services or performs
			 duties in a foster home or for a foster care agency; and
2. Is not responsible for the direct care or
			 supervision of a child.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.063 - "Normalcy" defined

Current through June 11, 2024
"Normalcy" means the condition of experiencing a typical
				childhood through participation in activities that are age- or
				developmentally-appropriate, as defined in 42 U.S.C. §
				675.
Added to NAC by Div. of
				Child & Fam. Services by R129-16, eff.
				9-21-2017
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.065 - "Person" defined

Current through June 11, 2024
"Person" means any individual, partnership, firm, corporation
				or association.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.066 - "Physical restraint" defined

Current through June 11, 2024
"Physical restraint" means the use of physical contact to limit
				a child's movement or hold a child immobile.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.067 - Provider of family foster care" defined. (Repealed)

Current through June 11, 2024
Added to
				NAC by Div. of Child & Fam. Services by R044-02, eff. 7-23-2002; R by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.068 - "Reasonable and prudent parent standard" defined

Current through June 11, 2024
"Reasonable and prudent parent standard" has the meaning
				ascribed to it in 42 U.S.C. § 675.
Added to NAC by Div. of
				Child & Fam. Services by R129-16, eff.
				9-21-2017
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.070 - "Resident" defined

Current through June 11, 2024
"Resident" means any person who presents to others the foster
				home as their home. This may include receipt of mail and phone messages,
				keeping clothing in the home, occasionally sleeping on the premises, using the
				facilities for bathing, etc., on a regular basis, inhabiting a recreational
				vehicle or other dwelling on the property, having regular and unlimited access
				to the home, etc.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.072 - "Staff" defined

Current through June 11, 2024
"Staff" means direct care staff and nondirect care
				staff.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.075 - "Treatment home" defined. (Repealed)

Current through June 11, 2024
[Welfare
				Div., Req. for Foster Care part § 102.3, 10-7-88, eff. 1-1-89-NAC A by
				Div. of Child & Fam. Services by R044-02, 7-23-2002; R by
				R110-13,
				eff. 6/23/2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.080 - "Twenty-four hour care" defined

Current through June 11, 2024
"Twenty-four hour care" means full-time care that is given a
				child in substitute care.
Welfare Div., Req. for
				Foster Care part § 102.3, 10-7-88, eff.
				1-1-89
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.083 - "Volunteer staff" defined

Current through June 11, 2024
"Volunteer staff" means a person who provides services or
				performs duties in a foster home or for a foster care agency on a regular basis
				without compensation.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › GENERAL PROVISIONS › Section 424.090 - "Employee" interpreted

Current through June 11, 2024
As used in
				NRS
				424.031 to
				424.034,
				inclusive, the Division will interpret "employee" to include, without
				limitation, any independent contractor and volunteer staff of a foster
				home.
Added to NAC by Div. of
				Child & Fam. Services by R110-13, eff.
				6-23-2014
NRS
				  424.020,
				  424.030,
				  424.031,
				  424.033,
				  424.0335,
				  424.034
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.Sec. 1 - NEW

Current through June 11, 2024
In addition to any other requirements for the issuance or
				  renewal of a license to operate a foster home, the applicant or licensee, as
				  applicable, must provide to the Division written assurances that he or she
				  will:
1. Refrain from engaging in
				corporal or degrading punishment, including, without limitation, disciplinary
				techniques described in NAC
				424.530;
2. Refrain from using illegal substances,
				engaging in excessive consumption of alcohol and consuming medication in an
				illegal or improper manner;
3.
				Refrain from smoking under circumstances prohibited by NAC
				424.500; and
4. Comply with the reasonable and prudent
				parent standard.
Added to NAC by Div. of Child & Fam.
				  Services by
				  R110-19A,
				  eff. 2/25/2021
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.100 - Purpose of licensing

Current through June 11, 2024
The purpose for licensing foster homes is to ensure that
				  children who are in need of substitute care are able to live in an environment
				  which supports their physical, mental and emotional development and to protect
				  children from abuse, neglect, exploitation or other mistreatment. The licensing
				  process determines whether the foster home is safe for children and whether
				  staff can provide suitable care for children.
Welfare
				  Div., Req. for Foster Care § 101.1, 10-7-88, eff. 1-1-89; A by
				  R110-13,
				  eff. 6/23/2014
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.105 - Effect of licensing

Current through June 11, 2024
The licensing of a foster home by the licensing authority
				  does not obligate the agency which provides child welfare services to support
				  the foster home financially nor obligate the agency which provides child
				  welfare services to place any certain number of children in the foster home.
				  The licensing of a foster home means only that the licensing authority has
				  evaluated the family, physical plant and services, and has determined that the
				  foster home is in compliance with licensing requirements.
Welfare Div., Req. for
				  Foster Care part § 103.8, 10-7-88, eff. 1-1-89-NAC A by Div. of Child
				  & Fam. Services by R044-02, 7-23-2002
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.110 - Application for license

Current through June 11, 2024
1. Any person or
				agency who wishes to operate a foster home must contact the appropriate
				licensing authority representative for an application and return the completed
				application to the licensing authority.
2. When a person or agency applies for a
				license, the application must include information on the person or agency
				applying for the license, the director and the staff, as applicable, and the
				written assurances required by section 1 of this regulation.
3. The director or licensee of the foster
				home is responsible for interviewing each prospective member of the staff and
				submitting a copy of each employment application and resume to the licensing
				authority upon request.
4.
				Intentional misrepresentation or omission of information on a foster home
				application is cause for the immediate denial of the application or revocation
				of the license. Such a denial or revocation is not subject to appeal.
Welfare
				  Div., Req. for Foster Care § 103.1, 10-7-88, eff. 1-1-89-NAC A by Div. of
				  Child & Fam. Services by R066-99, 11-8-99; R044-02, 7-23-2002; A by
				  R110-13,
				  eff. 6/23/2014; A by
				  R110-19A,
				  eff. 2/25/2021
NRS
				  424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.115 - Withdrawal of application; reapplication

Current through June 11, 2024
An applicant may withdraw the application for a license at
				  any time. The request to withdraw should be made or confirmed in writing.
				  Reapplication for a license after a withdrawal may be made at any time without
				  penalty.
Welfare Div., Req. for
				  Foster Care part § 103.3, 10-7-88, eff.
				  1-1-89
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.125 - Release of information for evaluation of foster home

Current through June 11, 2024
Applicants and licensees are required to provide releases of
				  information as requested by the licensing authority representative authorizing
				  contact with any individual deemed necessary to evaluate the foster home. This
				  may include, without limitation, doctors, employers, school staff and personal
				  references.
Welfare Div., Req. for
				  Foster Care part § 104.1, 10-7-88, eff. 1-1-89-NAC A by Div. of Child
				  & Fam. Services by R044-02, 7-23-2002
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.130 - Inspections: General requirements

Current through June 11, 2024
1. A licensing
				authority representative shall conduct a fair and impartial inspection of each
				foster home at initial licensing and at least one visit annually thereafter.
				The licensing authority representative may request any health, fire, building
				or other inspection if he has any reason for concern regarding the health or
				safety of the foster home.
2. All
				foster homes must receive fire safety inspections upon their initial
				application for a license and annually thereafter pursuant to NAC
				424.135.
3. The licensing authority
				may require each group foster home to be inspected upon its application for a
				license by the local building inspector and any local or state health
				inspector. A subsequent building inspection may be required if any structural
				remodeling is done. Any such remodeling must adhere to any applicable
				requirements relating to building set forth in an ordinance of the local
				government having jurisdiction.
4.
				The licensing authority may require all foster homes to be inspected annually
				by a health authority if individual well water or a septic tank is
				used.
5. If a foster home is not
				located on a city water system, the licensing authority may require the
				analysis of a water sample and the issuance of a report of approval by the
				appropriate governmental authority. The licensing authority may require foster
				homes that obtain their water from an individual well to have an annual water
				inspection to ensure that the water is safe for drinking. Bottled water may be
				required if the water from the individual well is unsafe.
6. All group foster homes must be inspected
				as single-family dwellings, as defined in the current codes for those dwellings
				adopted by the State Fire Marshal.
Welfare Div., Req. for
				  Foster Care part § 108.1 + § 109, 10-7-88, eff. 1-1-89-NAC A by Div.
				  of Child & Fam. Services, 11-14-97; R066-99, 11-8-99; R044-02,
				  7-23-2002
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.135 - Inspections: Safety from fire

Current through June 11, 2024
1. Fire safety
				inspections must be conducted by a licensing authority representative or the
				local fire inspector based on the home's total occupancy, including the number
				of foster children for whom the home is to be licensed. If the home will accept
				or is currently occupied by a person who is nonambulatory or a person with a
				severe disability, each such person must be counted twice when determining
				total occupancy.
2. If the total
				occupancy is:
(a) Less than 10, the licensing
				authority representative shall, except as otherwise provided in this paragraph,
				inspect the home to ensure the requirements of subsection 3 are met. The
				licensing authority representative is not required to inspect a home pursuant
				to this paragraph if the state or local fire inspector has inspected the home
				in conjunction with a current application.
(b) Ten or more, the State Fire Marshal or
				his designee shall inspect the home. The State Fire Marshal may, based upon
				information he receives regarding the home, designate the licensing authority
				representative to conduct the inspection.
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.140 - Applicability of special licensing procedures. (Repealed)

Current through June 11, 2024
Welfare
				  Div., Req. for Foster Care part § 103.2, 10-7-88, eff. 1-1-89-NAC A by
				  Div. of Child & Fam. Services, 11-14-97; R by
				  R110-13,
				  eff. 6/23/2014
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.145 - Requirements for treatment homes and homes providing emergency shelter care

Current through June 11, 2024
Homes providing emergency shelter care must meet the
				  criteria of a family family foster home or a group foster home.
Welfare
				  Div., Req. for Foster Care part § 102.3, 10-7-88, eff. 1-1-89; A by
				  R110-13,
				  eff. 6/23/2014
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.150 - Nonprofit foster homes: Incorporation in State of Nevada. (Repealed)

Current through June 11, 2024
Welfare
				  Div., Req. for Foster Care part § 103.9, 10-7-88, eff. 1-1-89-NAC A by
				  Div. of Child & Fam. Services by R044-02, 7-23-2002; R by
				  R110-13,
				  eff. 6/23/2014
NRS
					 424.020
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.160 - Limitations on number of children

Current through June 11, 2024
1. No family foster
				home or specialized foster home may be licensed for more than six children,
				excluding any children who are related to the foster parent, reside in the home
				and are not foster children.
2. No
				group foster home may be licensed for more than 15 children.
3. The total number of children for which a
				foster home may be licensed must be determined by a licensing authority
				representative based upon the following factors:
(a) The staff's own children under the age of
				16 year who live in the foster home and the individual needs of these
				children.
(b) The physical
				facilities, equipment and available space for activities.
(c) The skills and abilities of the foster
				parents and the staff, as applicable.
(d) The characteristics of the children in
				foster care.
(e) The services
				provided and the program description.
(f) Other factors the licensing authority
				determines to be relevant.
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.165 - Initial licensing: Minimum requirements

Current through June 11, 2024
Before the licensing authority grants an initial license to
				  operate a foster home, the following minimum requirements must be met:
1. A satisfactory report about the applicant
				from a local law enforcement agency and submittal of fingerprints pursuant to
				NRS
				424.033;
2. A satisfactory report from the Statewide
				Central Registry established pursuant to
				NRS
				432.100 on all applicants and members of the
				household who are 18 years of age or older, other than a resident who remains
				under the jurisdiction of a court pursuant to
				NRS
				432B.594;
3. At least one visit by a licensing
				authority representative to the foster home to determine that the home is
				safe;
4. Satisfactory completion of
				the written home study required by paragraph (b) of subsection 1 of NAC
				424.120;
5. Receipt of a signed foster home
				application form;
6. Documentation
				of contact, either verbal or written, with five satisfactory
				references;
7. Satisfactory
				completion of the training specified in subsections 1, 2 and 5 of NAC
				424.270; and
8. Records concerning employees and residents
				must be maintained pursuant to
				NRS
				424.034.
Welfare
				  Div., Req. for Foster Care part § 103.3, 10-7-88, eff. 1-1-89-NAC A by
				  Div. of Child & Fam. Services, 8-27-92; R066-99, 11-8-99; R044-02,
				  7-23-2002; A by
				  R110-13,
				  eff. 6/23/2014; A by
				  R110-19A,
				  eff. 2/25/2021
NRS
				  424.020,
				  424.040
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.167 - Initial licensing: Test for active tuberculosis

Current through June 11, 2024
1. A person who applies for an initial
				license to operate a foster home must provide to the licensing authority
				written evidence, on a form provided by the licensing authority, that he and
				each member of his household who is 18 years of age or older, other than a
				resident who remains under the jurisdiction of a court pursuant to
				NRS
				432B.594 is free from active tuberculosis.
				The evidence must be in the form of a report which states that the person,
				including a person who has received a bacillus Calmette-Guerin (BCG)
				vaccination, is free from active tuberculosis and has submitted to a:
(a) Mantoux tuberculin skin test;
				or
(b) Chest radiograph and
				examination by a provider of health care who is authorized to diagnose active
				tuberculosis, within the 24 months immediately preceding the date of filing of
				the application for a license to operate a foster home.
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.168 - Financial solvency

Current through June 11, 2024
1. The licensing
				authority shall ensure that a foster home is financially solvent. A foster home
				must, as a condition of licensure:
(a)
				Demonstrate that it has adequate financial resources to provide basic
				necessities for all persons residing in the home before a child is placed in
				the foster home;
(b) Demonstrate
				the ability to meet all of its financial obligations regardless of whether the
				foster home receives payments for providing foster care;
(c) Agree to account for all money expended
				for clothing and incidental expenses for each child who is placed in the foster
				home;
(d) Unless the foster home is
				operated as a public program, provide financial records to the licensing
				authority which demonstrate ongoing financial solvency, upon the request of the
				licensing authority; and
(e)
				Disclose whether the foster home has been the subject of bankruptcy
				proceedings.
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.170 - License: Contents; applicability; use

Current through June 11, 2024
1. In addition
				to the matters required by NRS NRS
				NRS
				424.030, a license must show:
(a) The number of persons who are
				nonambulatory or who have severe disabilities that the foster home is approved
				to accept, if applicable.
(b) The
				type of license.
(c) The signature
				of the licensing authority representative.
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.175 - Change in license: Application; issuance of revised license on approval; request for review on denial; changes proposed by licensing authority representative

Current through June 11, 2024
1. A licensee shall
				notify a licensing authority representative and apply to the licensing
				authority for a change in its license to operate a foster home if there are
				changes in the proposed programs, the range of ages or sex of the children in
				foster care or the total number of children in foster care. The request for a
				change must be in writing and may be submitted with an application for the
				renewal of the license or at any time during the period the license is
				effective. If the change is approved, after the licensing authority has
				conducted a study to determine that the relevant requirements have been met, a
				revised license must be issued. If a request for a change in the license is
				denied, licensee may submit a request for a review of the denial to the
				licensing authority representative. The licensing authority representative
				shall review the denial but the denial is not subject to appeal.
2. A licensing authority representative may
				revise the contents of a license and shall provide the licensee with a written
				discussion of any proposed changes. The licensee may submit a request to the
				licensing authority representative for a review of the proposed changes. The
				licensing authority representative shall review the proposed changes but the
				changes are not subject to appeal.
3. The licensing authority representative
				shall conduct any review requested pursuant to this section within 30 days
				after the licensing authority representative receives the request and shall
				inform the licensee in writing of his decision regarding the review.
Welfare
				  Div., Req. for Foster Care § 103.5, 10-7-88, eff. 1-1-89-NAC A by Div. of
				  Child & Fam. Services, 8-27-92; 11-14-97; R066-99, 11-8-99; R044-02,
				  7-23-2002; A by
				  R110-13,
				  eff. 6/23/2014
NRS
					 424.020,
					 424.045
Nevada Administrative Code › Chapter 424 - Foster Homes for Children › FOSTER HOMES › Licensing and Organization › Section 424.180 - Renewal of license

Current through June 11, 2024
1. A licensee
				wishing to renew its license to operate a foster home shall apply to the
				licensing authority for renewal at least 60 days before the license expires.
				The application for renewal must include, without limitation, the written
				assurances required by section 1 of this regulation.
2. A licensing authority representative shall
				study the foster home and the license must be renewed if all licensing
				requirements are met.
3. If the
				codes for fire and life safety as adopted by the State Fire Marshal or local
				fire authority change, the foster home will be allowed 90 days to comply with
				the new requirement.
Welfare Div., Req. for
				  Foster Care §103.4, 10-7-88, eff. 1-1-89-NAC A by Div. of Child & Fam.
				  Services, 8-27-92; R044-02, 7-23-2002; A by
				  R110-19A,
				  eff. 2/25/2021
NRS
				  424.020