NAC424.195. Denial, suspension or revocation of license: Criminal history of applicant, licensee or prospective employee.

     1. Except as otherwise provided in subsection 3, a license to operate a foster home must not be issued, or must be suspended or revoked if one was issued, if the applicant, licensee holding the license to operate the foster home or a prospective employee of the foster home:

     (a) Has been convicted of a crime involving harm to a child;

     (b) Has charges pending against him for a crime involving harm to a child; or

     (c) Has been arrested and is awaiting final disposition of the charges pending against him for a crime involving harm to a child.

     2. Except as otherwise provided in subsection 3, a license to operate a foster home must not be issued, or must be suspended or revoked if one was issued, if any person listed in subsection 1 has a felony conviction for, has charges pending against him for a felony conviction for, or has been arrested and is awaiting final disposition of the charges pending against him for a felony conviction for:

     (a) Child abuse or neglect;

     (b) Spousal abuse;

     (c) Any crime against children, including child pornography;

     (d) Any crime involving violence, including rape, sexual assault or homicide, but not including any other physical assault or battery; or

     (e) Physical assault, battery or a drug-related offense, if the assault, battery or drug-related offense was committed within the last 5 years.

     3. If any of the persons listed in subsection 1 has been convicted of, has charges pending against him for, or has been arrested and is awaiting final disposition of the charges pending against him for:

     (a) A felony or a gross misdemeanor, the home must not be licensed without the approval of the Administrator or the designee of the Administrator. The Administrator or the designee of the Administrator may approve the issuance of a license or the continuance of a license if the applicant or licensee has been convicted of a felony described in subsection 2, has charges pending against him for a felony described in subsection 2 or has been arrested and is awaiting final disposition of the charges pending against him for a felony described in subsection 2, if the Administrator or the designee of the Administrator determines that such an approval or continuation is in the best interest of the child.

     (b) One or more misdemeanors, the home must not be licensed without the approval of the Administrator or the designee of the Administrator.

     [Welfare Div., Req. for Foster Care part § 104.9, 10-7-88, eff. 1-1-89]—(NAC A by Div. of Child & Fam. Services, 8-27-92; 11-14-97; R066-99, 11-8-99; R044-02, 7-23-2002)