Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Nevada

Date:

Who Needs Records Checks

Citation: Rev. Stat. §§ 424.031; 127.281; 432B.625; Admin. Code § 432A.200

Background checks must be completed for the following persons:

  • Each applicant for a license to conduct a foster home
  • A person who is licensed to conduct a foster home
  • An employee of that applicant or licensee
  • Any resident of a foster home who is age 18 or older who is not in an extended foster placement
  • Any person who is age 18 or older who routinely supervises a child in a foster home
  • Employees of a group foster home
  • A prospective adoptive parent and any member of the household who is age 18 or older
  • A relative of a child who is seeking guardianship of that child

In regulation: Background checks are required for personnel at child care facilities, including the following:

  • Every applicant and his or her employees
  • Every resident of the facility who is age 18 or older
  • Every resident of the facility who is at least age 16 but younger than age 18
  • Every volunteer of the facility who is at least age 16 and who regularly works for 15 hours or more per week in the facility

Types of Records That Must Be Checked

Citation: Rev. Stat. §§ 424.033; 127.281; 432B.625; Admin. Code § 432A.200

The background check shall include the following:

  • A records check by the local law enforcement agency
  • A request for a check to the Central Repository for Nevada Records of Criminal History
  • Submission of the person's fingerprints to the Federal Bureau of Investigation for a check of national criminal history records
  • A screening of the State child abuse and neglect central registry

In regulation: The investigation of child care personnel shall include, at a minimum, checking the State child abuse and neglect central registry and performing a background check with local law enforcement.

Process for Obtaining Records Checks

Citation: Rev. Stat. §§ 424.031; 424.033; 432B.625; 127.281

The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant.

Each person who is required to have a background check must submit the following to the licensing authority or its approved designee:

  • A complete set of fingerprints and written permission authorizing the licensing authority designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority designee to conduct the required investigation
  • Written permission to conduct a child abuse and neglect screening

For each person who submits the required documentation, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every State in which the person has resided during the immediately preceding 5 years.

The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information with respect to the fingerprints submitted. When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.

Grounds for Disqualification

Citation: Rev. Stat. § 424.031; Admin. Code §§ 127.240; 424.190

A foster care application shall not be approved if the records check determines that the person has been arrested for, has charges pending for, or has been convicted at any time of any of the following:

  • Murder, voluntary manslaughter, or mayhem
  • Felony use or threatened use of force, violence against a victim, or the use of a firearm or other deadly weapon
  • Assault with intent to kill or to commit sexual assault or mayhem
  • Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, any other sexually related crime, or felony prostitution
  • Abuse or neglect of a child or contributory delinquency
  • Possession, distribution, or use of any controlled substance or dangerous drug
  • Abuse, neglect, exploitation, isolation, or abandonment of older or vulnerable persons
  • Any offense relating to pornography involving minors
  • Felony domestic violence

Approval will be denied for a conviction within the immediately preceding 7 years for any of the following:

  • Fraud, theft, embezzlement, burglary, robbery, or misappropriation of property
  • Misdemeanor prostitution, solicitation, lewdness, indecent exposure, or any other sexually related crime
  • Misdemeanor domestic violence
  • Medicaid or Medicare fraud
  • The sale, furnishing, purchase, consumption, or possession of alcoholic beverages by a minor
  • Driving a vehicle under the influence of alcohol or a controlled substance
  • Attempt or conspiracy to commit any of the offenses listed above

In regulation: An application to adopt, or a license to operate a foster home, must be denied if:

  • Based upon a substantiated investigation, the applicant or a member of the applicant's household who is age 18 or older:
    • Has been convicted of a crime involving harm to a child
    • Has charges pending against him or her for a crime involving harm to a child
    • Has been arrested and is awaiting final disposition of the charges pending against him or her for a crime involving harm to a child
  • The applicant or a member of the applicant's household who is age 18 or older has charges pending against him or her for a felony conviction involving, or has been arrested and is awaiting final disposition of possible or pending charges against him or her involving, any of the following:
    • Child abuse or neglect
    • Spousal abuse
    • Any crime against children, including child pornography
    • Any crime involving violence, including rape, sexual assault, or homicide but not including other physical assault or battery
    • Physical assault, battery, or a drug-related offense, if the assault, battery, or drug-related offense was committed within the past 5 years

When the investigation of any applicant for a license to operate a foster home reveals a finding of substantiated abuse or neglect of a child, or whose own children have been in foster care or otherwise placed outside of his or her home for the purpose of adoption or foster care, the application to operate a foster home must be denied.