Nevada 2017 Regular Session Status: Enacted

AB 346 — Enacts requirements relating to certain providers of child care. (BDR 38-283)

Last action — Approved by the Governor. Chapter 312.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

383 added · 410 removed

383 line(s) added, 410 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 7.2) (Reprinted with amendments adopted on May 24, 2017) THIRD REPRINT A.B.
Assembly Bill No.
346 A SSEMBLY B ILLN O.
346–Assemblywoman Joiner CHAPTER..........
346–A SSEMBLYWOMAN JOINER M ARCH 20, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Enacts requirements relating to certain providers of child care.
(BDR 38-283) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law defines the term “child care facility” to mean an establishment that provides child care to five or more children for compensation and certain other child care establishments.
Existing law defines the term “child care facility” to mean an establishment that child care establishments.
(NRS 432A.024) Section 2 of this bill defines the term “small child care establishment” to mean an establishment that furnishes child care the home and the presence of the parent or guardian of any of the children and on a regular basis for at least 3 weeks.
(NRS 432A.024) Section 2 of this bill defines the term “small child care establishment” to mean an establishment that furnishes child care to not more than four children unrelated to the operator for compensation, outside the home and the presence of the parent or guardian of any of the children and on a regular basis for at least 3 weeks.
Section 3 of this bill authorizes a person or governmental entity that wishes to operate or operates a small child care establishment to register with the Division of Welfare and Supportive Services of the Department of Health and Human Services and submit certain information to theExisting law requires every applicant for and holder of a license to operate a child care facility, employee of such an applicant or licensee and certain adult residents of a child care facility to undergo a criminal background check conducted - *AB346_R3* – 2 – by the Division at least once every 5 years.
Section 3 of this bill authorizes a person or governmental entity that wishes to operate or operates a small child care establishment to register with the Division of Welfare and Supportive Services of the Department of Health and Human Services and submit certain information to the Existing law requires every applicant for and holder of a license to operate a child care facility, employee of such an applicant or licensee and certain adult residents of a child care facility to undergo a criminal background check conducted by the Division at least once every 5 years.
(NRS 432A.1775) Sections 7.2-7.6 of this bill residents of small child care establishments that are registered with the Division of Welfare and Supportive Services.
(NRS 432A.1775) Sections 7.2-7.6 of this bill make these requirements applicable to operators, employees and certain adult Welfare and Supportive Services.
Section 7.8 of this bill also requires an operator of such a small child care establishment to maintain certain records relating to those background checks.
Section 7.8 of this bill also requires an operatorof of such a small child care establishment to maintain certain records relating to those background checks.
Section 7 of this bill authorizes the State Board of Health to adopt regulations ensure the safe operation of registered small child care establishments.
Section 7 of this bill authorizes the State Board of Health to adopt regulations to enforce the provisions relating to registration and background checks and to ensure the safe operation of registered small child care establishments.
The to Division of Public and Behavioral Health is authorized to impose a fine against any registered small child care establishment that violates the requirements or regulations.
The Division of Public and Behavioral Health is authorized to impose a fine against any registered small child care establishment that violates the requirements or reguExisting law authorizes any authorized member or employee of the Division to enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of applicable law.
(NRS 432A.190) Existing law authorizes any authorized member or employee of the Division to enter and inspect any building or premises of a child care facility or the area of prevent a violation of applicable law.
If a complaint against a child care facility or small child care establishment is substantiated, section 4.5 of this bill authorizes the Division to collect from the facility or establishment the costs of the Division relating to the violation, including the costs of any necessary inspection or investigation.
If a - 79th Session (2017) – 2 – complaint against a child care facility or small child care establishment is facility or establishment the costs of the Division relating to the violation, including the costs of any necessary inspection or investigation.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
- *AB346_R3* – 3 – (a) The name, address and contact information of the operator of the small child care establishment;
(a) The name, address and contact information of the operator of the small child care establishment;
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 79th Session (2017) – 3 – Sec.
If a complaint against a child care facility, a small child care establishment or a person who operates a child care facility without a license, or a person who operates a small child care establishment, whether registered or not, is substantiated, the Division may charge and collect from the facility, establishment or person the actual cost incurred by the Division relating to the violation, including the actual cost of conducting an inspection or investigation of the facility, establishment or person.
If a complaint against a child care facility, a small child care establishment or a person who operates a child care facility without a license, or a person who operates a small child care establishment, whether registered or not, is facility, establishment or person the actual cost incurred by the Division relating to the violation, including the actual cost of conducting an inspection or investigation of the facility, establishment or person.
and (3) The adoption of plans to provide for evacuation of child care facilities in an emergency.
and (3) The adoption of plans to provide for evacuation of child car(c) Any regulations necessary to carry out the provisions of section 3 of this act or to ensure the safe operation of small child care establishments.
- *AB346_R3* – 4 – (c) Any regulations necessary to carry out the provisions of section 3 of this act or to ensure the safe operation of small child care establishments.
Sec.
- 79th Session (2017) – 4 – Sec.
The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:
The Division may, upon receipt of an application for a license to operate a child care facility, conduct an inv(a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;
(a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(d) Sexual assault, statutory sexual seduction, incest, lewdness, ind(e) Abuse or neglect of a child or contributory delinquency;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
- *AB346_R3* – 5 – (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
[The] Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee [or] , operator of a small child care establishment, employee of an applicant , [or] licensee [,] or [every] small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:
[The] Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee [or] , - 79th Session (2017) – 5 – operator of a small child care establishment, employee of an applicant , [or] licensee [,] or [every] small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:
(a) Employee of an applicant , [or] licensee [,] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 5 years thereafter.
(a) Employee of an applicant , [or] licensee [,] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 5 years thereafter.
(b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.
(b) Applicant at the time that an application is submitted for issued.re, and then at least once every 5 years after the license is (c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.
- *AB346_R3* – 6 – (c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.
Sec.
- 79th Session (2017) – 6 – Sec.
(a) Every applicant for a license to operate a child care facility, licensee [and] , operator of a small child care establishment, employee of [such] an applicant , [or] licensee [, and every] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:
(a) Every applicant for a license to operate a child care facility, employee of [such] an applicant , [or] licensee [, and every] or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:
[2.] (b) If an employee of an applicant for a license to operate a child care facility , [or] licensee [,] or small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall - *AB346_R3* – 7 – immediately notify the applicant , [or] licensee [,] or small child care establishment who shall then comply with the provisions of NRS 432A.1755.
[2.] (b) If an employee of an applicant for a license to operate a child care facility , [or] licensee [,] or small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant , [or] licensee [,] or small child care establishment who shall then comply with the provisions of NRS 432A.1755.
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[3.] (c) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.
[3.] (c) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or beginning the participation of a participant in an outdoor youth program who is years of age or older.
[4.] (d) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division within 2 days after receiving notice that:
- 79th Session (2017) – 7 – [4.] (d) An applicant for a license to operate a child care facility , [or] licensee or operator of a small child care establishment shall notify the Division within 2 days after receiving notice that:
[(a)] (1) The applicant, licensee or operator, an employee of the applicant , [or] licensee [,] or small child care establishment, a resident of the child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility , establishment or program operated by the applicant , [or] licensee [,] or operator is the subject of a lawsuit or any disciplinary proceeding;
[(a)] (1) The applicant, licensee or operator, an employee of the resident of the child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility , establishment or program operated by the applicant , [or] licensee [,] or operator is the subject of a lawsuit or any disciplinary proceeding;
(a) Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or evidence from any other source that an employee of an applicant for a license to operate a child care facility , [or] a licensee [,] or a small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in - *AB346_R3* – 8 – an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant , [or] licensee or operator of the small child care establishment shall terminate the employment of the employee or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to [subsection 2.
(a) Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to of an applicant for a license to operate a child care facility , [or] a licensee [,] or a small child care establishment, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant , [or] licensee or operator of the small child care establishment shall terminate the employment of the employee or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to [subsection 2.
2.] paragraph (b).
- 79th Session (2017) – 8 – 2.] paragraph (b).
(b) If an employee, resident or participant believes that the information provided to the applicant , [or] licensee or operator pursuant to [subsection 1] paragraph (a) is incorrect, the employee, resident or participant must inform the applicant , [or] licensee or operator immediately.
(b) If an employee, resident or participant believes that the information provided to the applicant , [or] licensee or operator pursuant to [subsection 1] paragraph (a) is incorrect, the employee, operator immediately.
[Each] Subject to the provisions of subsection 3, each applicant for a license to operate a child care facility , [and] licensee and operator of a small child care establishment shall maintain records of the information concerning [its] employees of the child care facility or small child care establishment and any residents of the child care facility or small child care establishment who are 18 years of age or older, other than residents who remain under the jurisdiction of a court pursuant to NRS 432B.594, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:
[Each] Subject to the provisions of subsection 3, each applicant for a license to operate a child care facility , [and] licensee and operator of a small child care establishment shall maintain records of the information concerning [its] employees of residents of the child care facility or small child care establishment who are 18 years of age or older, other than residents who remain under the jurisdiction of a court pursuant to NRS 432B.594, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:
- *AB346_R3* – 9 – (a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History;
(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History;
and (c) The written authorization to obtain information from the Central Repository and the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.
and (c) The written authorization to obtain information from the Central Repository and the Statewide Central Registry for the - 79th Session (2017) – 9 – Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.
(a) Maintained for the period of the employee’s employment with or the resident’s presence at the child care facility or small child care establishment or the participant’s presence in the outdoor youth program;
(a) Maintained for the period of the employee’s employment child care establishment or the participant’s presence in the outdoor youth program;
and (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077, ¬ to secure compliance with standards for safety from fire and other emergencies.
and (b) Observe and make recommendations regarding the drills conducted pursuant to NRS 432A.077, emergencies.compliance with standards for safety from fire and other 3.
3.
The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an - *AB346_R3* – 10 – inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility.
The annual inspection of any child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court must include, without limitation, an inspection of all areas where food is prepared and served, bathrooms, areas used for sleeping, common areas and areas located outdoors that are used by children at the child care facility.
Sec.
- 79th Session (2017) – 10 – Sec.
(Deleted by amendment.) Sec.
(Deleted by amendment.) 432A.220 NAny person who operates a child care facilityows:
10.
without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 3, 4.5 and 5 of this act is guilty of a misdemeanor.
NRS 432A.220 is hereby amended to read as follows:
432A.220 Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 3, 4.5 and 5 of this act is guilty of a misdemeanor.
H - *AB346_R3*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 312.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 908 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Third reprint . To Assembly.

  6. To printer.

  7. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 15, Nays: 6.)

  8. Reprinting dispensed with.

  9. Read third time. Amended. (Amend. No. 908.)

  10. Taken from Secretary's desk. Placed on General File.

  11. Taken from General File. Placed on Secretary's desk.

  12. Read second time.

  13. From committee: Do pass.

  14. Read first time. Referred to Committee on Health and Human Services. To committee.

  15. In Senate.

  16. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 29, Nays: 13.) To Senate.

  17. Placed on General File.

  18. From printer. To reengrossment. Reengrossed. Second reprint .

  19. Read third time. Amended. (Amend. No. 573.) To printer.

  20. Taken from General File. Placed on General File for next legislative day.

  21. Taken from General File. Placed on General File for next legislative day.

  22. From printer. To engrossment. Engrossed. First reprint .

  23. Read second time. Amended. (Amend. No. 219.) To printer.

  24. Placed on Second Reading File.

  25. From committee: Amend, and do pass as amended.

  26. From printer. To committee.

  27. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare education
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Frequently asked questions

Who sponsors AB 346?
AB 346 is sponsored by Amber Joiner.
What is the current status of AB 346?
This bill has been enacted into law. Introduced March 20, 2017. Enacted.
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