NAC432A.200. License to operate facility: Application; investigation; issuance; return.

     1. An application for an initial license to operate a facility must be:

     (a) Submitted to the Division on a form supplied by the Division; and

     (b) Accompanied by the following appropriate fee:

(1) If the facility is to provide care for 5 or 6 children........................................	$20
(2) If the facility is to provide care for 7 or more but not more than 12 children	60
(3) If the facility is to provide care for 13 or more but not more than 50 children..........................................................................................................................	100
(4) If the facility is to provide care for 51 or more but not more than 100 children..........................................................................................................................	150
(5) If the facility is to provide care for 101 or more but not more than 150 children..........................................................................................................................	200
(6) If the facility is to provide care for 151 or more but not more than 200 children..........................................................................................................................	250
(7) If the facility is to provide care for more than 200 children..........................	300

     2. After receiving a completed application and payment of the appropriate fee, the Division shall:

     (a) Conduct an investigation into the qualifications and background of:

          (1) Every applicant and his or her employees, other than an educational intern who provides direct care to children for a period of less than 6 months; and

          (2) Every resident of the facility who is 18 years of age or older;

     (b) Conduct a partial investigation into the qualifications and background of every resident of the facility who is at least 16 years of age but less than 18 years of age;

     (c) Conduct a partial investigation into the background of every volunteer of the facility who is at least 16 years of age and who regularly works for 15 hours or more per week in the facility;

     (d) Inspect the buildings of the facility; and

     (e) Examine the plans for care of the children and management of the facility.

     3. Documentation of completed and current investigations must be kept on file at the facility for all persons required to be investigated, for the period of their presence at the facility.

     4. Fingerprints must be taken and applications for investigations must be made by:

     (a) Every employee or a resident of the facility who is at least 18 years of age and every volunteer who is at least 18 years of age and who regularly works for 15 hours or more per week in the facility within 3 working days after the date of hiring or his or her presence in the facility, and every 6 years thereafter.

     (b) An applicant at the time of an application for initial license.

     (c) A licensee every 6 years after the date his or her license is originally issued.

     5. Every 2 years after the investigation conducted pursuant to subsection 2 is completed, the Division shall conduct a partial investigation into the background of each volunteer who is at least 16 years of age and who regularly works for 15 hours or more in a facility and into the background of each licensee and employee of a facility.

     6. The Division shall immediately notify the applicant or licensee if the investigation conducted pursuant to subsection 2 or 5 indicates that he or she or an employee or resident of the facility or a volunteer who regularly works for 15 hours or more per week in the facility has been convicted of any offense listed in subsection 2 of NRS 432A.170.

     7. The license must not be issued until the Administrator of the Division is satisfied that the proposed facility will be in compliance with the applicable codes concerning safety of human life, environmental health, and building and zoning, as established respectively by the State Fire Marshal, the State Board of Health and the appropriate local government. A report of inspection by the State Fire Marshal or the Bureau of Health Protection Services of the Division, finding satisfactory conditions, may be accepted by the Administrator as proof of compliance with the applicable regulations.

     8. With the exception of a facility that is licensed by a branch of the military or naval service of the United States, a licensee who has a license to operate a family home or a group home may not obtain a license to operate any other family home, group home or other child care facility.

     9. An applicant must, before a license is issued to him or her, submit to the Division a certificate stating that he or she holds a policy of insurance for protection against liability to third persons which will meet the requirement set forth in subsection 2 of NAC 432A.290. Any government, governmental agency or political subdivision of a government which operates a child care facility and is self-insured is not required to furnish a certificate of insurance to the Division.

     10. If the applicant and the proposed facility are in compliance with the provisions of this chapter, as shown by his or her application and related material and the investigation, a license will be issued to the applicant within 30 days after completion of the investigation.

     11. A licensee shall return to the Division his or her license if he or she ceases to operate a facility, if the license has been suspended or revoked or if the license is placed on a provisional basis.

     12. As used in this section, “partial investigation” includes, at a minimum, checking the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and performing a background check with local law enforcement.

     [Bd. for Child Care, Child Care Facilities Reg. § 3.2, eff. 2-28-80]—(NAC A 6-5-84; 11-19-85; 12-17-87; 9-5-89; 5-14-90; R203-03, 7-1-2004; R112-06, 4-23-2009)

Notation

REVISER’S NOTE.

      The regulation of the Board for Child Care filed with the Secretary of State on July 1, 2004 (LCB File No. R203-03), which amended this section, contains the following provisions not included in NAC:

      “Notwithstanding the amendatory provisions of subsection 7 [now subsection 8] of NAC 432A.200, a licensee of a family home or a licensee of a group home who has more than one license to operate a child care facility on July 1, 2004, may:

      1.  Apply, pursuant to NAC 432A.220, for the reissuance of each of those licenses held on July 1, 2004; and

      2.  Continue to operate each child care facility for which he has a license until his license to operate that child care facility is suspended, revoked or otherwise terminated.”