reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 432 - Public Services for Children › ASSISTANCE TO FORMER FOSTER YOUTHS › Self-Sufficiency Programs › Section 432.320 - Maintenance of records regarding program; submission of reports and information to Division

Current through June 11, 2024
1. An agency which provides child welfare services that provides a self-sufficiency program shall establish and maintain a record for each former foster youth served pursuant to the self-sufficiency program.
2. The agency which provides child welfare services shall maintain sufficient information as part of a record pursuant to subsection 1 to allow the agency to monitor the information required to be reported to the Division pursuant to subsection 3.
3. The agency which provides child welfare services shall submit a report relating to the self-sufficiency program to the Administrator on a quarterly basis. The report must include, without limitation, information relating to:
(a) The number and characteristics of former foster youth who received goods or services pursuant to the self-sufficiency program;
(b) The type and quantity of goods or services provided to the former foster youth;
(c) The amount of money spent pursuant to the self-sufficiency program reported by type of good or service provided; and
(d) The success of the self-sufficiency program as measured by the outcome measures developed by the Secretary of Health and Human Services pursuant to 42 U.S.C. §
											677(f)(1)(A).
Nevada Administrative Code › Chapter 432 - Public Services for Children › ASSISTANCE TO FORMER FOSTER YOUTHS › Self-Sufficiency Programs › Section 432.330 - Annual disbursement of unspent money for programs

Current through June 11, 2024
The Administrator may, on an annual basis, disburse to an agency which provides child welfare services in the manner described in NAC 432.280 and for the purposes described in NAC 432.300 any unspent money in the Account established pursuant to NRS 432.017 or received from the Federal Government pursuant to 42 U.S.C. §
										677 to assist former foster youth.
Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002-Substituted in revision for NAC 423.170
NRS 432.017, 432.032
Nevada Administrative Code › Chapter 432 - Public Services for Children › ASSISTANCE TO FORMER FOSTER YOUTHS › Self-Sufficiency Programs › Section 432.340 - Audit of records by Division to determine compliance with certain provisions

Current through June 11, 2024
The Division will audit the records of an agency which provides child welfare services to determine compliance with the provisions of NAC 432.200 to 432.340, inclusive, chapter 423 of NRS and 42 U.S.C. §
										677. The records that are subject to such an audit include, without limitation, information contained in the files of the agency which provides child welfare services relating to a self-sufficiency program provided by the agency.
Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002-Substituted in revision for NAC 423.180
NRS 432.017, 432.032
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 432A.012 to 432A.165, inclusive, have the
				meanings ascribed to them in those sections.
Supplied in
				codification; A by Bd. for Child Care, 6-5-84; 5-14-90; 3-11-92; 11-1-94;
				R203-97, 4-1-98; R203-03, 7-1-2004; R112-06 & R032-07,
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.012 - "Accommodation facility" defined

Current through June 11, 2024
"Accommodation facility" has the meaning ascribed to it in
				NRS
				432A.0205.
Added to NAC by Bd. for
				Child Care, eff. 3-11-92; A by R112-06, 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.020 - "Caregiver" defined

Current through June 11, 2024
"Caregiver" means a natural person who is responsible for the
				direct care, supervision, guidance and education of children in a
				facility.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.4, eff. 2-28-80-NAC A by R112-06 &
				R032-07, 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.040 - "Child" defined

Current through June 11, 2024
"Child" means a person who has not reached his or her 18th
				birthday.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.7, eff.
				2-28-80
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.050 - "Child care center" defined

Current through June 11, 2024
"Child care center" means any facility in which the licensee
				regularly provides day or night care for more than 12 children and which is
				developmentally appropriate for those children.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.8, eff. 2-28-80-NAC A by R112-06,
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.060 - "Child care facility" defined

Current through June 11, 2024
"Child care facility" has the meaning ascribed to it in
				NRS
				432A.024.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.9, eff. 2-28-80-NAC A 9-30-88;
				3-11-92
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.070 - "Child care institution" defined

Current through June 11, 2024
"Child care institution" has the meaning ascribed to it in
				NRS
				432A.0245.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.10, eff. 2-28-80-NAC A by R112-06,
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.075 - "Child with special needs" defined

Current through June 11, 2024
"Child with special needs" means a child who does not function
				according to expectations appropriate to his or her age and who regularly
				requires special assistance or accommodations.
Added to NAC by Bd. for
				Child Care, eff. 5-14-90
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.079 - "Developmentally appropriate care and education" defined

Current through June 11, 2024
"Developmentally appropriate care and education" means the
				provision of care or education in a manner that takes into account:
1. The universal, predictable sequences of
			 child development;
2. The
			 particular sequences of child development of each child cared for in a
			 facility; and
3. The principle that
			 children learn best when learning is meaningful to them and is based on
			 "first-hand" experiences.
Added to NAC by Bd. for
				Child Care by R112-06, eff. 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.080 - "Director" defined

Current through June 11, 2024
"Director" means the licensee or a person appointed by the
				licensee who is responsible for the daily operation, administration and
				management of the facility.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.12, eff. 2-28-80-NAC A by R112-06,
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.081 - "Division" defined

Current through June 11, 2024
"Division" has the meaning ascribed to it in
				NRS
				432A.0273.
Added to NAC by Bd. for
				Child Care, eff. 6-5-84; A 11-19-85; 11-1-94-Substituted in revision for NAC
				432A.115
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.083 - "Early care and education program" defined

Current through June 11, 2024
"Early care and education program" means a program in which
				developmentally appropriate care and education are provided to children based
				on the ages of the children served and on the type of setting within which that
				care and education are provided.
Added to NAC by Bd. for
				Child Care by R112-06 & R032-07, 4-23-2009, eff.
				10-23-2010
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.085 - "Educational child care institution" defined

Current through June 11, 2024
"Educational child care institution" means a child care
				institution that is recognized by the Department of Education as providing
				educational opportunities primarily for privately placed children of school
				age.
Added to NAC by Bd. for
				Child Care by R112-06, eff. 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.086 - "Employee" defined

Current through June 11, 2024
"Employee" means a person who renders time and services to a
				licensee of a child care facility, and whose regular course of duties places
				that person in a position to:
1.
			 Exercise supervisory control over children served by the facility;
2. Have direct access to or contact with
			 children served by the facility; or
3. Have access to information or records
			 maintained by the licensee relating to children served by the
			 facility.
Added to NAC
				by Bd. for Child Care by
				R092-16AP,
				eff. 9/21/2017
NRS
				432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.087 - "Extended care accommodation facility" defined

Current through June 11, 2024
"Extended care accommodation facility" means an accommodation
				facility that:
1. Provides temporary
			 care to children for an amount of time that is more than 3 1/2 hours but is
			 within the limits of time set forth in subsection 4 of NAC 432A.436;
			 and
2. Provides such care while the
			 person responsible for placing the child in the extended care accommodation
			 facility remains on the premises of the business establishment which operates
			 the extended care accommodation facility.
Added to NAC by Bd. for
				Child Care by R112-06, eff. 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.095 - "Facility for special events" defined

Current through June 11, 2024
1. "Facility for
			 special events" means a facility which is:
(a)
			 Operated by a business that is licensed to conduct a business other than the
			 provision of care to children; and
(b) Located on the premises of a business at
			 which a special event is held.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.100 - "Family home" defined

Current through June 11, 2024
"Family home" means any facility in which the licensee
				regularly provides care without the presence of parents, for at least five and
				not more than six children.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.14, eff. 2-28-80; A
				1-21-81
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.110 - "Group home" defined

Current through June 11, 2024
"Group home" means any facility in which the licensee regularly
				provides care for no less than seven and no more than twelve children.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.15, eff. 2-28-80; A
				1-21-81
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.140 - "Licensee" defined

Current through June 11, 2024
"Licensee" means the person or public organization licensed
				pursuant to this chapter and who is responsible for the operation of a facility
				and adherence to the provisions of this chapter.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.17, eff.
				2-28-80
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.142 - "Moderate or vigorous physical activity" defined

Current through June 11, 2024
"Moderate or vigorous physical activity" has the meaning
				ascribed to it in NRS 432A.1771.
Added to NAC
				by Bd. for Child Care by
				R092-16AP,
				eff. 9/21/2017
NRS
				432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.143 - "Nevada Registry" defined

Current through June 11, 2024
"Nevada Registry" means the organization that operates the
				statewide system of career development and recognition created to:
1. Acknowledge and encourage professional
			 achievement in the early childhood care and education workforce in this
			 State;
2. Establish a professional
			 development system in this State for the field of early childhood care and
			 education;
3. Approve and track all
			 informal training in the field of early childhood care and education in this
			 State; and
4. Act as a statewide
			 clearinghouse of information concerning the field of early childhood care and
			 education.
Added to NAC by Bd. for
				Child Care by R112-06 & R032-07, eff.
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.145 - "Nursery for infants and toddlers" defined

Current through June 11, 2024
"Nursery for infants and toddlers" means a child care
				facility:
1. In which the licensee
			 provides an early care and education program for five or more children who are
			 under 2 years of age; and
2. That
			 has established specific goals to enhance the cognitive, social, emotional,
			 physical and creative development of each child at the facility.
Added to NAC by Bd. for
				Child Care, eff. 6-5-84; A by R112-06, 4-23-2009, eff.
				10-23-2010
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.147 - "Outdoor youth program" defined

Current through June 11, 2024
"Outdoor youth program" has the meaning ascribed to it in
				NRS
				432A.028.
Added to NAC by Bd. for
				Child Care, eff. 11-1-94
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.150 - "Parent" defined

Current through June 11, 2024
"Parent" means the child's natural parent, guardian or any
				other person or organization legally responsible for the child.
Bd. for Child Care,
				Child Care Facilities Reg. § 1.18, eff.
				2-28-80
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.162 - "Provider" defined

Current through June 11, 2024
"Provider" has the meaning ascribed to it in
				NRS
				432A.360.
Added to NAC by Bd. for
				Child Care, eff. 3-11-92
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.163 - "Residential child care institution" defined

Current through June 11, 2024
1.
			 "Residential child care institution" means a child care institution:
(a) Which provides care and psychoeducational
			 services to children who are diagnosed as severely emotionally disturbed
			 children; and
(b) In which the
			 treatment goals and length of stay of a child are dependent upon the needs of
			 the child with regard to his or her physical, social, emotional, moral and
			 educational development.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.1635 - "Sedentary activity" defined

Current through June 11, 2024
"Sedentary activity" has the meaning ascribed to it in NRS
				432A.1771.
Added to NAC
				by Bd. for Child Care by
				R092-16AP,
				eff. 9/21/2017
NRS
				432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.164 - "Shelter child care institution" defined

Current through June 11, 2024
1.
			 "Shelter child care institution" means a child care institution which provides
			 residential care on a 24-hour basis to children who are in the custody of an
			 agency which provides child welfare services and who are in need of temporary
			 protection and care.
2. As used in
			 this section, "agency which provides child welfare services" has the meaning
			 ascribed to it in
			 NRS
			 432B.030.
Added to NAC by Bd. for
				Child Care by R112-06, eff. 4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.165 - "Special needs facility" defined

Current through June 11, 2024
"Special needs facility" means a child care facility providing
				care to children with special needs in which those children comprise 40 percent
				or more of the total number of children for whom the facility is licensed to
				provide care.
Added to NAC by Bd. for
				Child Care, eff. 5-14-90
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.170 - General duties of Division

Current through June 11, 2024
The Division shall:
1.
			 Ensure that every person operating a facility is licensed;
2. Make and maintain files regarding the
			 interpretation by courts of the provisions of this chapter and make these files
			 available for public review;
3.
			 When requested, offer assistance and consultation to licensees of
			 facilities;
4. As determined
			 appropriate by the Division, provide technical assistance and support to
			 licensees of facilities and to caregivers;
5. Aid the Board in developing an awareness
			 within local communities of the need to protect children by licensing operators
			 of facilities; and
6. Develop a
			 strong working relationship with local and state zoning, fire, health and
			 safety officials for the purpose of evaluating facilities and licensing their
			 operators.
Bd. for Child Care,
				Child Care Facilities Reg. § 2.8, eff. 2-28-80-NAC A by R112-06,
				4-23-2009
NRS
				  432A.077
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 2 - NEW

Current through June 11, 2024
As used in sections 3 to 34, inclusive, of LCB File No. 135-18
				and sections 2 and 3 of this regulation, the words and terms defined in
				sections 3 and 4 of LCB File No. 135-18 have the meanings ascribed to them in
				those sections.
Added to NAC
				by by Bd. for Child Care by
				R182-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 2-1 - NEW

Current through June 11, 2024
1. After the Division conducts a survey or
			 investigates a complaint, the Division will add the severity and scope scores
			 for all deficiencies of the facility indicated in the survey or investigation,
			 as applicable, and assign a grade to the facility as follows:
Grade
0 to 15 combined severity and scope scores for all
							 deficiencies ......................
.......... A
16 to 24 combined severity and scope scores for all
							 deficiencies, or any deficiency with a severity level 3 and a scope level 3
							 ..................................
.......... B
25 to 34 combined severity and scope scores for all
							 deficiencies, or any deficiency with a severity level 4 and a scope level 1
							 ..................................
.......... C
35 to 44 combined severity and scope scores for all
							 deficiencies, or any deficiency with a severity level 4 and a scope level 2
							 ..................................
.......... D
Any deficiency with a severity level 4 and scope
							 level 3, or whenever the license is suspended or revoked pursuant to
							 NRS
							 432A.190......................
.......... F
2. Upon
			 assigning a grade to a facility pursuant to subsection 1, the Division will
			 issue to the facility a placard containing the grade. Not later than 24 hours
			 after receiving a placard, the licensee of the facility shall ensure that the
			 placard is posted in the facility in the manner required by
			 NRS
			 432A.184.
3. If a facility fails to comply with the
			 requirements of subsection 2 and
			 NRS
			 432A.184, the Division will assess against
			 the facility a deficiency with a severity and scope score equal to the highest
			 severity and scope score indicated in the most recent survey or investigation
			 of the facility conducted by the Division.
Added to NAC
				by Bd. for Child Care by
				R182-18A,
				eff. 8/26/2020
NRS
				432A.184
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 3 - NEW

Current through June 11, 2024
"Deficiency" means a violation of any federal or state statute
				or applicable regulation.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 3-1 - NEW

Current through June 11, 2024
1. If the Division assigns to a facility a
			 grade of "B," the licensee of the facility may, not later than 30 days after
			 receiving the placard containing the grade pursuant to section 2 of LCB File
			 No. R182-18, apply to the Division for a resurvey. The application must be
			 accompanied by a fee of $100.
2. If
			 the Division assigns to a facility a grade of "C," "D," or "F," the licensee of
			 the facility must, not later than 30 days after receiving the placard
			 containing the grade pursuant to section 2 of LCB File No. R182-18, apply to
			 the Division for a resurvey. The application must be accompanied by a fee of:
(a) For a resurvey of a facility that
			 received a grade of "C" or "D," $200.
(b) For a resurvey of a facility that
			 received a grade of "F," $300.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 4 - NEW

Current through June 11, 2024
"Initial deficiency" means the first occurrence of a deficiency
				identified by the Division and includes any deficiency found during a survey or
				the investigation of a complaint.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 5 - NEW

Current through June 11, 2024
For the purposes of sections 2 to 34, inclusive, of this
				regulation, the Division shall determine that a facility is in substantial
				compliance with those provisions if the Division determines that:
1. No deficiency with a severity score of
			 three or more is present at the facility; and
2. The facility has taken effective steps to
			 resolve all deficiencies.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 6 - NEW

Current through June 11, 2024
For the purposes of any computation of time required by
				sections 2 to 34, inclusive of this regulation:
1. Any prescribed period of more than 5 days
			 must include Saturdays, Sundays and holidays.
2. Any prescribed period of 5 days or less
			 must not include Saturdays, Sundays or holidays.
3. If the date on which any action is
			 required to be performed falls on a Saturday, Sunday or holiday, the date is
			 extended until the next day that is not a Saturday, Sunday or
			 holiday.
4. The date on which any
			 act or event occurred or on which notice is received must not be included in
			 the computation.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 7 - NEW

Current through June 11, 2024
The purpose of any administrative sanction imposed by the
				Division pursuant to sections 2 to 34, inclusive of this regulation must be
				to:
1. Safeguard the rights, interests
			 and well-being of children receiving child care services, including, without
			 limitation, the protection of such children from actual or potential harm
			 resulting from deficiencies;
2.
			 Encourage and assist facilities to comply with the requirements of the
			 Division; and
3. Promote the
			 efficient use of resources to ensure appropriate care and services for
			 children.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 8 - NEW

Current through June 11, 2024
The Division:
1. Shall
			 impose on a facility at least one administrative sanction for each deficiency
			 identified by the Division in the facility with a severity score of four and
			 for each deficiency identified by the Division in the facility with a combined
			 severity and scope score of six or more.
2. May impose one or more sanctions if it
			 identifies deficiencies of a severity score of three or less or a combined
			 severity and scope score of less than six.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 9 - NEW

Current through June 11, 2024
1. If necessary to protect the health and
			 safety of children served by a facility, the Division may impose such sanctions
			 as are necessary without prior written notice to the facility.
2. The Division may appoint a temporary
			 manager to a facility without prior written notice on an emergency basis:
(a) If necessary to remove an immediate and
			 serious threat to the health and safety of children served by the facility;
			 or
(b) If the facility has violated
			 any order of the Division issued pursuant to section 19 of this regulation
			 prohibiting the facility from accepting additional children.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 10 - NEW

Current through June 11, 2024
1. The Division may impose one or more
			 sanctions upon identifying a deficiency during a survey or an investigation of
			 a complaint.
2. The Division shall
			 provide notice to the applicable facility of each deficiency identified by the
			 Division. Except as otherwise provided in subsection 3, the notice must specify
			 each deficiency identified and the combined severity and scope score for each
			 deficiency, as determined by the Division.
3. Any deficiency for which a combined
			 severity and scope score is not specified in the notice provided pursuant to
			 subsection 2 is presumed to be a deficiency for which the facility is not
			 subject to a monetary penalty pursuant to subsection 2 of section 21 of this
			 regulation.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 11 - NEW

Current through June 11, 2024
1. In determining the scope score of a
			 deficiency, the Division must evaluate a representative sample of persons or
			 cases, as applicable, during a survey. The sample must consist of at least:
Number of persons or cases
Minimum number of persons or cases in sample
1 - 9
All applicable persons or cases
10 - 40
10
41 - 75
15
76 - 100
20
101 - 175
25
176 - 250
30
251 - 350
35
351 - 450
40
451 - more
50
2. The
			 sample size used in determining the scope score of a deficiency in a resurvey
			 must not be less than 60 percent of the sample size used in the initial
			 survey.
3. If the Division
			 evaluates more than the minimum number of persons or cases, the determination
			 of the scope score must be based on the number of persons or cases, as
			 applicable, actually evaluated.
4.
			 If the Division investigates a complaint relating to one person or case, the
			 Division may include only that person or case, as applicable, as the sample.
			 Any deficiency identified pursuant to this subsection must receive a scope
			 score of one.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 12 - NEW

Current through June 11, 2024
1. The scope scale prescribed in this section
			 must be used to determine the scope score of a deficiency in or by a
			 facility.
2. The basis for
			 determining the scope score of a deficiency is the actual or potential harm to
			 children as shown by:
(a) The frequency of the
			 deficiency;
(b) The number or
			 percentage of persons or cases, as applicable, affected by the
			 deficiency;
(c) The number or
			 percentage of staff members involved in creating the deficiency; and
(d) The pattern of deficiencies or lack
			 thereof.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 13 - NEW

Current through June 11, 2024
1. The severity scale prescribed in this
			 section must be used in determining the severity score of a deficiency in or by
			 a facility.
2. The basis for
			 determining the severity score of a deficiency must be the actual or potential
			 harm to children.
3. A severity
			 score of one must be assigned to a deficiency if:
(a) The deficiency concerns a violation of
			 only requirements promulgated primarily for administrative purposes;
			 and
(b) No harm to a child has
			 resulted or is likely to result from the deficiency.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 13.1 - NEW

Current through June 11, 2024
The written statement required pursuant to
				NRS
				432A.240 must be submitted to the operator of
				a child care facility or accommodation facility in which a child who has not
				been immunized pursuant to
				NRS
				432A.230 or
				432A.235,
				respectively, has been admitted:
1.
			 According to the renewal schedule of the child care facility or accommodation
			 facility, as applicable, or at least annually, whichever is more frequent;
			 and
2. On a form provided by the
			 Division.
Added
				to NAC by Bd. for Child Care by
				R046-20A,
				eff. 12/18/2020
NRS
				439.200 and
				441A.120
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 14 - NEW

Current through June 11, 2024
If the same deficiency is found on a resurvey as was found on
				the initial survey, a rebuttable presumption exists that the deficiency
				continued during the period between the date on which the survey and resurvey
				were performed. The Division may impose a sanction for a deficiency found on a
				resurvey only if the same deficiency was found on the initial
				survey.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 14.1 - NEW

Current through June 11, 2024
The written statement required pursuant to
				NRS
				432A.250 must be submitted to the operator of
				a child care facility or accommodation facility in which a child who has a
				medical condition that will not permit the child to be immunized to the extent
				required by
				NRS
				432A.230 or
				432A.235,
				respectively, has been admitted on a form provided by the
				Division.
Added
				to NAC by Bd. for Child Care by
				R046-20A,
				eff. 12/18/2020
NRS
				439.200 and
				441A.120
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 15 - NEW

Current through June 11, 2024
1. After initially determining the severity
			 score and scope score of a deficiency pursuant to sections 12 and 13 of this
			 regulation, respectively, the Division shall consider the following secondary
			 factors in determining the sanction to impose:
(a) The history of previous compliance by the
			 facility generally and specifically with reference to the deficiency at issue;
			 and
(b) The desired corrective and
			 long-term compliance outcomes.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 15.1 - NEW

Current through June 11, 2024
A local health officer may conduct an audit of medical
				exemptions granted pursuant to
				NRS
				432A.250 in the jurisdiction of the local
				health officer if:
1. The reported
			 immunization rate of a child care facility or an accommodation facility falls
			 below 95 percent;
2. A child care
			 facility or an accommodation facility fails to report immunization data
			 annually as required by
			 NRS
			 432A.230 or
			 432A.235,
			 respectively;
3. The rate of
			 medical exemptions granted by a child care facility or accommodation facility
			 is higher than the average rate of medical exemptions granted by the child care
			 facilities or accommodation facilities in this State, as applicable, as
			 determined by the Division or from data available from the National
			 Immunization Surveys conducted by the Centers for Disease Control and
			 Prevention, or if such a survey or organization ceases to exist, an equivalent
			 federal source; or
4. The local
			 health officer determines such an audit is necessary to protect public health
			 on a case-by-case basis.
Added
				to NAC by Bd. for Child Care by
				R046-20A,
				eff. 12/18/2020
NRS
				439.200 and
				441A.120
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 16 - NEW

Current through June 11, 2024
1. A facility shall develop a plan of
			 correction for each deficiency and submit the plan to the Division for approval
			 within 10 days after receiving from the Division a notice of deficiencies
			 pursuant to subsection 2 of section 10 of this regulation.
2. A plan of correction must:
(a) Describe the specific actions to be taken
			 by the facility to correct the deficiency to which the plan of correction
			 applies;
(b) Specify the date by
			 which the deficiency will be corrected and the staff of the facility who are
			 responsible for correcting the deficiency; and
(c) Identify measures that the facility plans
			 to take to ensure that the deficiency does not reoccur.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 17 - NEW

Current through June 11, 2024
1. The Division may limit the number of
			 children to whom a facility may provide care to safeguard the health, safety
			 and well-being of children currently receiving care or services from the
			 facility and to prevent the facility from assuming responsibility for more
			 children than the Division determines the facility is able to provide adequate
			 care. To determine the number of children to whom a facility may provide care,
			 the Division must determine the number of children for whom safety is
			 reasonably assured.
2. The Division
			 may limit the number of children to whom a facility may provide care in
			 addition to prohibiting the facility from accepting additional children if the
			 Division determines that the facility is unable to provide adequate care or
			 services.
3. The Division may limit
			 the number of children to whom a facility may provide care:
(a) For a deficiency with a combined severity
			 and scope score of less than six, only if the deficiency involves direct child
			 care or services or the ability of occupants to exit the facility safely in the
			 event of a fire or other emergency; or
(b) For a deficiency with a combined severity
			 and scope score of six or more, regardless of the nature of the
			 deficiency.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 18 - NEW

Current through June 11, 2024
1. If the Division limits the number of
			 children to whom a facility may provide care pursuant to section 17 of this
			 regulation, the facility must post a notice of the limitation at all public
			 entrances to the facility within 48 hours after the facility receives notice of
			 the limitation. Each notice posted by the facility must be not less than 8.5
			 inches by 11 inches in size, conform to the requirements set forth by the
			 Division in the notice provided pursuant to NAC
			 439.345 and include:
(a) The words "NOTICE OF LIMITATION ON
			 OCCUPANCY" printed in boldface type not less than 1 inch in height;
(b) A statement specifying the number of
			 children for whom the facility is authorized to provide care;
(c) A statement identifying a member of the
			 staff of the facility who will provide additional information relating to the
			 limitation on occupancy; and
(d)
			 The telephone number of the Division.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 19 - NEW

Current through June 11, 2024
1. The Division may prohibit a facility from
			 accepting additional children to safeguard the health, safety and well-being of
			 children receiving care or services and to prevent the admission of children
			 who cannot adequately be served by the facility. Such a prohibition applies to
			 all admissions of children on or after the effective date of the prohibition,
			 regardless of the source of payment.
2. The Division may prohibit a facility from
			 accepting additional children:
(a) For a
			 deficiency with a severity score of two and a scope score of three, only if the
			 deficiency involves direct child care or services or the ability of occupants
			 to exit the facility safely in the event of a fire or other emergency;
			 or
(b) For a deficiency with a
			 severity score of four and a scope score of two or more or a severity score of
			 three and a scope score of three, regardless of the nature of the
			 deficiency.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 20 - NEW

Current through June 11, 2024
1. If the Division prohibits a facility from
			 accepting additional children pursuant to section 19 of this regulation, the
			 facility must post a notice of the prohibition at all public entrances to the
			 facility within 48 hours after the facility receives notice of the limitation.
			 Each notice posted by the facility must be not less than 8.5 inches by 11
			 inches in size, conform to the requirements set forth by the Division in the
			 notice provided pursuant to NAC
			 439.345 and include:
(a) The words "NOTICE OF BAN ON ADMISSIONS"
			 printed in boldface type not less than 1 inch in height;
(b) A statement identifying a member of the
			 staff of the facility who will provide additional information relating to the
			 prohibition on accepting additional children; and
(c) The telephone number of the
			 Division.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 21 - NEW

Current through June 11, 2024
1. The purpose of a monetary penalty is to
			 protect the health, safety, rights, welfare and well-being of children and the
			 property of children in facilities and to deter future deficiencies.
2. Except as otherwise provided in this
			 subsection, the Division may impose a monetary penalty, including interest
			 thereon, on a facility for any deficiency, regardless of whether the deficiency
			 constitutes an immediate and serious threat. A facility is not subject to a
			 monetary penalty for a deficiency with a severity score of one or two and a
			 scope score of one or two.
3. The
			 initial amount of a monetary penalty must be determined in the manner
			 prescribed in section 23 of this regulation.
4. In addition to the initial monetary
			 penalty, the Division may impose a monetary penalty for each day that the
			 facility is not in substantial compliance, as determined pursuant to section 5
			 of this regulation, from the date the lack of substantial compliance begins or
			 is identified until the date that substantial compliance is verified by the
			 Division.
5. Except as otherwise
			 provided in section 25 of this regulation, the total amount of a monetary
			 penalty bears interest at the rate of 10 percent per annum.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 22 - NEW

Current through June 11, 2024
1. An initial monetary penalty may only be
			 imposed pending a hearing or appeal unless the facility upon which the penalty
			 was imposed waives the right to a hearing or appeal. The payment of the initial
			 monetary penalty must not be stayed during the pendency of any administrative
			 appeal.
2. The payment of any daily
			 monetary penalty or interest that accrues while the facility has a hearing
			 pending on the initial determination of the deficiency or deficiencies leading
			 to the imposition of the penalty must be stayed pending the appeal.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 23 - NEW

Current through June 11, 2024
1. In determining the amount of an initial
			 monetary penalty, the Division must consider only the severity of the
			 deficiency only if the severity score is four. In determining the amount of a
			 monetary penalty if the severity score of a deficiency is less than four, the
			 Division must consider both the severity score and the scope score of the
			 deficiency. In determining whether to impose a daily monetary penalty, the
			 Division must consider the severity score and the scope score and the factors
			 indicated for the increase or reduction if a monetary penalty as provided in
			 sections 24 and 25 of this regulation.
2. For each initial deficiency with a
			 severity score of four, the Division shall impose an initial monetary penalty
			 of $500.
3. For each initial
			 deficiency with a severity score of three and a scope score of three, the
			 Division shall impose an initial monetary penalty of $200.
4. For each initial deficiency with a
			 severity score of three and a scope score of two or less, the Division shall
			 impose an initial monetary penalty of $100.
5. For each initial deficiency with a
			 severity score of two and a scope score of three, the Division may impose an
			 initial monetary penalty of $50. The Division must suspend the payment of a
			 monetary penalty described in this subsection if the facility corrects the
			 deficiency within the time specified in the plan of correction approved by the
			 Division.
6. In addition to any
			 monetary penalty imposed pursuant to subsection 2, 3, 4 or 5 and subject to the
			 limitation prescribed by subsection 7, the Division may impose a daily monetary
			 penalty of not more than $10 per child for whom the facility provides care per
			 day for each day the initial deficiency continues.
7. The principal amount of the total daily
			 monetary penalty imposed on a facility must not exceed $100 per day for an
			 initial deficiency.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 24 - NEW

Current through June 11, 2024
1. For each deficiency identified during a
			 resurvey that is performed within 18 months after the deficiency was identified
			 during the initial survey, the Division shall compute the monetary penalty at
			 the rate of 1.5 times the rate that was imposed, or was authorized to be
			 imposed, initially for a deficiency with that severity score and scope
			 score.
2. The Division may double
			 the daily monetary penalty that was imposed, or was authorized to be imposed,
			 for a deficiency if the facility upon which the daily monetary penalty is
			 imposed alleges compliance and the Division determines on a survey that at the
			 time compliance was alleged the deficiency continued to exist.
3. There is a rebuttable presumption that a
			 deficiency identified on a resurvey was present on each day between the date on
			 which the initial deficiency was identified and the date on which the
			 deficiency was identified on the resurvey.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 25 - NEW

Current through June 11, 2024
The Division may reduce a monetary penalty by 25 percent and
				must not charge interest if the facility upon which the monetary penalty is
				imposed:
1. Waives the right to a
			 hearing;
2. Corrects each
			 deficiency that was the basis for the monetary penalty; and
3. Pays the monetary penalty within 15 days
			 after receipt of the notice of the penalty.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 26 - NEW

Current through June 11, 2024
1. A daily monetary penalty must begin:
(a) In the case of an immediate and serious
			 threat, on the date on which the deficiency occurred; or
(b) In any other case, on the date on which
			 the deficiency is identified.
Nevada Administrative Code › Chapter 432A - Services and Facilities for Care of Children › GENERAL PROVISIONS › Section 432A.Sec. 27 - NEW

Current through June 11, 2024
1. The Division must terminate the daily
			 accrual of a monetary penalty if the facility demonstrates to the Division that
			 it has made substantial improvements to correct each deficiency for which the
			 daily monetary penalty was imposed and that the health, safety and well-being
			 of children are adequately protected and safeguarded.
2. The Division may impose a daily monetary
			 penalty for not longer than 6 months, after which the Division must instead
			 deny, suspend or revoke the license of the facility.
Added to NAC
				by Bd. for Child Care by
				R135-18A,
				eff. 8/26/2020
NRS
				432A.077,
				432A.188