Existing law defines the term “child care institution” to mean a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. (NRS 432A.0245) Existing law requires: (1) a child care institution to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services; and (2) other child care facilities to be licensed by the Division or a local licensing agency. (NRS 432A.131) Existing federal law defines “qualified residential treatment program” to mean a program that: (1) provides trauma-informed treatment of children with serious emotional or behavioral disorders or disturbances; (2) has clinical staff available 24 hours per day and 7 days per week; and (3) meets certain other requirements. (42 U.S.C. § 672(k)(4)) Existing federal law requires the Federal Government to pay to state and local governments a portion of the cost of placing a child in a qualified residential treatment program that is regulated under state law as a child care institution. (42 U.S.C. §§ 672, 674) Section 1 of this bill includes any qualified residential treatment program, regardless of the size of the program, as a child care institution, thereby: (1) requiring the operator of a qualified residential treatment program that provides care and shelter for fewer than 16 children to obtain a license as a child care institution from the Division; and (2) allowing governmental entities within this State to receive federal financial contributions toward the cost of placing children in such qualified residential treatment programs. Section 2 of this bill allows a qualified residential treatment program operating on or before January 1, 2024, to continue operating without such a license until July 1, 2024, in certain circumstances.

Statutes affected:
As Introduced: 432A.0245
As Enrolled: 432A.0245
BDR: 432A.0245