NAC424.280. Investigations of criminal history of employees and prospective adult residents.

     1. The director of a group foster home is responsible for submitting to the licensing authority or its approved designee two sets of fingerprint cards for each employee of the foster home. The director of the group foster home shall ensure that each person fingerprinted has signed Law Enforcement Record Form 3321-SA or an equivalent release of law enforcement information.

     2. Each employee hired by a foster home after the initial licensure of the foster home must be cleared through fingerprinting. Conditional employment will be permitted pending satisfactory clearance through the Federal Bureau of Investigation if:

     (a) A local law enforcement agency provides a satisfactory report.

     (b) The licensing authority has received at least five satisfactory references regarding the person.

     (c) The person’s fingerprints have been taken.

Ê A conditional employee is subject to dismissal by the foster home if the Federal Bureau of Investigation indicates the employee has a criminal history. Such history must be discussed with the licensing authority to determine the acceptability of the employee. Failure to dismiss an unacceptable employee is grounds for revocation of the license to operate the foster home.

     3. When conditional employment is permitted pending satisfactory clearance through the Federal Bureau of Investigation, the director of the group foster home is responsible for submitting to the licensing authority a satisfactory report on the employee provided by a local law enforcement agency, and for the accuracy and verification of any information obtained regarding the employee.

     4. A person who is 18 years of age or older and who wishes to move into a foster home after the initial licensure of the foster home must:

     (a) Submit two sets of fingerprint cards to the licensing authority or its approved designee; and

     (b) Except as otherwise provided in subsection 5, be cleared through fingerprinting,

Ê before moving into the foster home.

     5. A person described in subsection 4 may reside in the foster home pending satisfactory clearance through the Federal Bureau of Investigation if approved by the licensing authority and if:

     (a) A local law enforcement agency provides a satisfactory report.

     (b) The licensing authority has received at least five satisfactory references regarding the person.

     (c) The person has submitted his fingerprint cards to the licensing authority or its approved designee as required by subsection 4.

Ê Except as otherwise required in NAC 424.195, if an unsatisfactory report is received from the Federal Bureau of Investigation, the licensing authority shall determine the acceptability of the resident on a case-by-case basis. If unacceptable, the director or the operator of the foster home shall either terminate his license or have the resident move out of the foster home.

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