NRS 424.145 Licensing authority or designee to investigate background of certain persons; periodic additional investigations.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

(a)Murder, voluntary manslaughter or mayhem;

(b)Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

(c)Assault with intent to kill or to commit sexual assault or mayhem;

(d)Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

(e)Abuse or neglect of a child or contributory delinquency;

(f)A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

(g)Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(h)Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;

(i)Any offense relating to child sexual abuse material, including, without limitation, a violation of any provision of NRS 200.700 to 200.760 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(j)Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

(k)A crime involving domestic violence that is punishable as a felony;

(l)A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

(m)A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

(n)Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067 , inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

(o)An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

2. Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039 , a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person is completed.

3. The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.