In order to conduct a foster home, existing law requires a person to obtain a license from: (1) in a county whose population is 100,000 or more (currently Clark and Washoe Counties), the agency which provides child welfare services; or (2) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the Division of Child and Family Services of the Department of Health and Human Services. (NRS 424.016, 424.030) Existing law requires the licensing authority or its designee, at certain times, to conduct a background investigation of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of such an applicant or licensee and certain adult residents of a foster home to determine whether the applicant, licensee, employee or resident has been arrested for, has charges pending for or has been convicted of certain crimes. Such crimes include violations of any federal or state law regulating the possession, distribution or use of any controlled substance or dangerous drug. (NRS 424.031) Existing law requires an applicant for a license to conduct a foster home or the holder of such a license to terminate the employment, residence or presence in the foster home of a person who has been convicted of such a crime. (NRS 424.0335) Existing law also authorizes a licensing authority to deny an application for a license to operate a foster home or to suspend or revoke such a license if the licensing authority determines that the applicant or licensee has: (1) been convicted of such a crime; or (2) failed to terminate the employment, residence or presence in the foster home of a person who has been convicted of such a crime. (NRS 424.033) This bill exempts from those provisions certain violations relating to the possession of controlled substances that: (1) have been decriminalized under laws of this State; or (2) involve the unlawful possession of marijuana for a purpose other than sale if the violation did not occur within the immediately preceding 7 years. This bill thereby authorizes a person who has been convicted of any such violation to operate, be employed by, reside in or be present in a foster home.

Statutes affected:
As Introduced: 424.031
BDR: 424.031