Existing law requires a child care facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services if: (1) the city or county in which the child care facility is located has not provided for the licensure of child care facilities by an agency of the city or county, as applicable; or (2) the child care facility is a child care institution. (NRS 432A.131) Existing law defines “child care institution” for that purpose to mean a facility that 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) Section 4 of this bill transfers the authority to license and regulate such child care facilities from the Division of Public and Behavioral Health to the Division of Welfare and Supportive Services of the Department. Section 1 of this bill authorizes an employee of the Division of Welfare and Supportive Services to access the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child when investigating the background of certain persons associated with a child care facility, small child care establishment or outdoor youth program. Section 2 of this bill defines “Administrator” to refer to the Administrator of the Division of Welfare and Supportive Services, and section 3 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Sections 6-8 of this bill transfer to the Administrator: (1) the duties to establish a policy for the coordination of entities with an interest in child care and to inspect child care facilities; and (2) the authority to waive certain education requirements for a person who is responsible for the operation of a child care facility. Sections 9 and 10 of this bill make revisions so that certain reports relating to the immunization of children who have been admitted to child care facilities continue to be submitted to the Division of Public and Behavioral Health. Section 11 of this bill transfers to the Division of Welfare and Supportive Services the duty to conduct a review of a child care facility that has been found by a legislative audit to have certain deficiencies. Existing law establishes the Nevada Early Childhood Advisory Council and requires the Council to include certain members appointed by the Governor. (NRS 432A.076) Section 5 of this bill eliminates the requirement that the Council include one member who is a representative of the Division of Public and Behavioral Health. Section 5 adds to the membership of the Council: (1) one member who is a representative of the Division of Welfare and Supportive Services whose duties include responsibility for child care; (2) one member who is a representative of that Division whose duties include implementing regulations governing the licensure of child care facilities; and (3) one member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe. Existing law: (1) requires the State Fire Marshal or a designee thereof to enter and inspect every building or premises of a child care facility and supervise fire drills at such a facility; and (2) provides that certain health care facilities are subject to inspection and approval by the State Fire Marshal. (NRS 432A.180, 449.0307) Section 8 provides that the State Fire Marshal or a designee is authorized, rather than required, to inspect child care facilities and supervise fire drills at such facilities. Section 8 also authorizes the State Fire Marshal to designate a local fire agency that meets an industry standard accepted by the State Fire Marshal to perform those duties. Finally, section 8 requires the State Board of Health to adopt regulations governing such inspections. Section 11.5 of this bill authorizes a designee of the State Fire Marshal, which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, to inspect and approve certain health care facilities. Section 11.8 of this bill makes a conforming change to clarify that the State Fire Marshal is authorized to designate such a local fire agency to conduct certain inspections of a residential facility for groups or a building operated by a provider of community-based living arrangement services.

Statutes affected:
As Introduced: 432.100, 432A.020, 432A.0273, 432A.076, 432A.079, 432A.1773, 432A.180, 432A.230, 432A.235, 218G.595
Reprint 1: 432.100, 432A.020, 432A.0273, 432A.076, 432A.079, 432A.1773, 432A.180, 432A.230, 432A.235, 218G.595, 449.0307, 449.131
As Enrolled: 432.100, 432A.020, 432A.0273, 432A.076, 432A.079, 432A.1773, 432A.180, 432A.230, 432A.235, 218G.595, 449.0307, 449.131