Nevada 2017 Regular Session Status: Enacted 3 D cosponsors

AB 99 — Revises provisions relating to services for children. (BDR 38-144)

Last action — Approved by the Governor. Chapter 9.

  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 February 02, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

706 added · 750 removed

706 line(s) added, 750 removed.

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(Reprinted with amendments adopted on April 3, 2017) SECOND REPRINT A.B.
Assembly Bill No.
99 A SSEMBLY BILL NO.
99–Assemblymen Araujo;
99–A SSEMBLYMEN ARAUJO ;
Bilbray-Axelrod, Daly, Diaz, Monroe-Moreno, Neal, Sprinkle, Thompson and Yeager Joint Sponsors:
B ILBRAY- A XELROD , D ALY, D IAZ, M ONROE -MORENO , N EAL, SPRINKLE , HOMPSON AND YEAGER JINT SPONSORS :
Senators Cancela, Spearman and Woodhouse CHAPTER..........
SENATORS C ANCELA , SPEARMAN AND W OODHOUSE PREFILED FEBRUARY 2, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to services for children.
(BDR 38-144) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law authorizes a court to place a child in a public or private institution or agency authorized to care for children.
LegiExisting law authorizes a court to place a child in a public or private institution or agency authorized to care for children.
(NRS 62B.200, 63.400, 432A.1757, 432B.550, 433B.310) Existing law also provides for the licensure and regulation of foster care agencies, which are business entities that recruit and enter into contracts with foster homes to assist an - *AB99_R2* – 2 – agency which provides child welfare services and juvenile courts in the placement of children in foster homes.
(NRS 62B.200, 63.400, 432A.1757, 432B.550, 433B.310) Existing law also provides for the licensure and regulation of foster care agencies, which are business entities that recruit and enter into contracts with foster homes to assist an agency which provides child welfare services and juvenile courts in the placement existing law designates as the agency which provides child welfare services:
(NRS 424.0135, 424.093-424.270) Additionally, existing law designates as the agency which provides child welfare services:
(NRS 432B.030) institutions and agencies to treat a child for whom the institution or agency is responsible in accordance with the child’s gender identity or expression.
(NRS 432B.030) Sections 3, 4, 23, 28, 29, 37, 41 and 46 of this bill require each of those responsible in accordance with the child’s gender identity or expression.ency is Existing law requires an employee of such an institution or agency to receive certain training.
Existing law requires an employee of such an institution or agency to receive certain training.
and (2) include instruction on working with lesbian, gay, bisexual, transgender and questioning children.
and (2) include instruction on working with lesbian, gay, bisexual, transgender and quesSections 23, 37, 41 and 46 require the Division to prescribe regulations that a court must consider before placing a child in a child care facility, a facility for the detention of children or a mental health or treatment facility and protocols that such - 79th Session (2017) – 2 – a facility must follow when placing a child within the facility.
court must consider before placing a child in a child care facility, a facility for the detention of children or a mental health or treatment facility and protocols that such a facility must follow when placing a child within the facility.
(1) follow such protocols when placing a child in an out-of-home placement;
(1) follow such out-of-home placement follows such protocols when placing a child within thehat an placement.
and (2) ensure that an placement.
Section 14 of this bill requires the Division to establish a procedure for filing and resolving a grievance concerning a placement, a foster care agency, an agency which provides child welfare services or an agency or institution to which a child is committed by a court.
Section 14 of this bill requires the Division to establish a procedure for filing which provides child welfare services or an agency or institution to which a child is committed by a court.
written copy of his or her rights.
Existing law requires a provider of foster care to provide a foster child with a written copy of his or her rights.
The Prison Rape Elimination Act provides for the collection of data, the award of grants and the adoption of standards to prevent rape in correctional institutions.
of grants and the adoption of standards to prevent rape in correctional institutions.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(Deleted by amendment.) - *AB99_R2* – 3 – Sec.
(Deleted by amendment.) Sec.
The holder of a license to operate a foster care agency shall ensure that each member of the staff of the foster care agency who comes into direct contact with a child placed by the foster care agency receives, within 90 days after employment and annually thereafter, training that has been approved by the licensing authority concerning working with lesbian, gay, bisexual, transgender and questioning children.
The holder of a license to operate a foster care agency shall ensure that each member of the staff of the foster care agency who comes into direct contact with a child placed by the foster care agency receives, within 90 days after employment - 79th Session (2017) – 3 – and annually thereafter, training that has been approved by the licensing authority concerning working with lesbian, gay, bisexual, transgender and questioning children.
(a) Ensure that each child placed by the foster care agency is treated in all respects in accordance with the child’s gender identity or expression;
treated in all respects in accordance with the child’s gendery is identity or expression;
(d) Suicide awareness and prevention;
- *AB99_R2* – 4 – (f) Applicable state and federal constitutional and statutory rights of children in the home;
(f) Applicable state and federal constitutional and statutory rights of children in the home;
Sec.
- 79th Session (2017) – 4 – Sec.
[1.] (a) Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.
[1.] (a) Care is provided only for a neighbor’s or friend’s child days.regular or occasional basis for a brief period, not to exceed [2.] (b) Care is provided by the legal guardian.
[2.] (b) Care is provided by the legal guardian.
As used in this section, “fictive kin” means a person who is not related by blood to a child but has a significant emotional and positive relationship with the child.
As used in this section, “fictive kin” means a person who is not related by blood to a child but has a significant emotional and posSec.
Sec.
8.elaNRS 424.095 is hereby amended to read as follows:
8.
NRS 424.095 is hereby amended to read as follows:
Such a license is - *AB99_R2* – 5 – effective for 2 years after the date of its issuance and may be renewed upon expiration.
Such a license is effective for 2 years after the date of its issuance and may be renewed upon expiration.
An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the provisions of NRS 424.093 to 424.270, inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto.
An applicant must provide reasonable and satisfactory assurance to the licensing authority that the applicant will conform to the provisions of NRS 424.093 to 424.270, inclusive, and section of this act, and the regulations adopted by the Division pursuant thereto.
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Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the provisions of NRS 424.093 to 424.270, inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto.
Upon application for renewal, the licensing authority may renew a license if the licensing authority determines that the licensee conforms to the provisions of NRS 424.093 to 424.270, - 79th Session (2017) – 5 – inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto.
After notice and hearing, a licensing authority may:
After notice and hearing, a licensing authority may(a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not comply with the provisions of NRS 424.093 to 424.270, inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto.
(a) Deny an application for a license to operate a foster care agency if the licensing authority determines that the applicant does not comply with the provisions of NRS 424.093 to 424.270, inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto.
The orientation must include, without limitation, information on the policies and procedures of the foster care agency, goals for the programs and services of the foster care agency, the responsibilities of members of the staff and the provisions of this chapter and the regulations adopted pursuant thereto that relate to licensing.
The orientation must include, without limitation, information the programs and services of the foster care agency, the, goals for responsibilities of members of the staff and the provisions of this chapter and the regulations adopted pursuant thereto that relate to licensing.
The training must include, without limitation, any training required by the licensing authority [.] and the training required by - *AB99_R2* – 6 – section 4 of this act.
The training must include, without limitation, any training required by the licensing authority [.] and the training required by section 4 of this act.
Sec.
- 79th Session (2017) – 6 – Sec.
Sec.
Secs.
12.
12 and 13.
13.
(Deleted by amendment.) Sec.
(a) A procedure by which a child or, if applicable, the parent or guardian of a child, may file a grievance concerning a foster care agency, an agency which provides child welfare services, an out-of-home placement, a psychiatric hospital or facility in which a child who is in the custody of an agency which provides child welfare services is placed, a division facility or any public or private institution or agency to which a child is committed by a court;
or guardian of a child, may file a grievance concerning a fostert care agency, an agency which provides child welfare services, an out-of-home placement, a psychiatric hospital or facility in which a child who is in the custody of an agency which provides child welfare services is placed, a division facility or any public or private institution or agency to which a child is committed by a court;
and (c) Provide an additional written copy of the summary upon request.
and (c) Provide an additional written copy of the summary upon req3.stAs used in this section:
3.
As used in this section:
- *AB99_R2* – 7 – (c) “Out-of-home placement” means a foster home or child care facility, as defined in NRS 432A.024, which has physical custody of a child pursuant to the order of a court.
(c) “Out-of-home placement” means a foster home or child care facility, as defined in NRS 432A.024, which has physical custody of a child pursuant to the order of a court.
and (c) The Chief of the Youth Parole Bureau.
and - 79th Session (2017) – 7 – (c) The Chief of the Youth Parole Bureau.
The Administrator is responsible for the administration, through the Division, of the provisions of chapters 63 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to 433B.340, inclusive, and section 46 of this act, and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.
The Administrator is responsible for the administration, through the Division, of the provisions of chapters 63 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, this act, and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.
Sec.
Secs.
17.
17-19.
18.
(Deleted by amendment.) Sec.
19.
(Deleted by amendment.) Sec.
A group foster home shall post a written copy of the [rights set forth in NRS 432.525, 432.530 and 432.535] summary described in subsection 1 and the summary of the process for filing a grievance described in section 14 of this act in a conspicuous place inside the group foster home.
A group foster home shall post a written copy of the [rights set forth in NRS 432.525, 432.530 and 432.535] summary described in subsection 1 and the summary of the process for filing a grievance described in section 14 of this act in a conSec.
Sec.
(Deleted by amendment.) Sec.
pl(Deleted by amendment.)ster home.
Sec.
- *AB99_R2* – 8 – 1.
1.
Sec.
- 79th Session (2017) – 8 – Sec.
A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall treat each child who is placed in the facility in all respects in accordance with the child’s gender identity or expression.
A child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, each child who is placed in the facility in all respects intreat accordance with the child’s gender identity or expression.
(f) Representatives of juvenile courts and family courts;
and (h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
ande courts and family courts;
(h) Any other person deemed appropriate by the Division of Child and Family Services of the Department.
- *AB99_R2* – 9 – 4.
4.
(b) “Foster home” has the meaning ascribed to it in NRS 424.014.
- 79th Session (2017) – 9 – (b) “Foster home” has the meaning ascribed to it in NRS 424.014.
Sec.
432A.177 N1.
24.
43A licensee that operates a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall ensure that each employee who comes into direct contact with children in the facility receives training within [30] 90 days after employment and annually thereafter.
NRS 432A.177 is hereby amended to read as follows:
432A.177 1.
A licensee that operates a child care facility which occasionally or regularly has physical custody of children pursuant to the order of a court, including, without limitation, an emergency shelter, shall ensure that each employee who comes into direct contact with children in the facility receives training within [30] 90 days after employment and annually thereafter.
The Board shall adopt regulations necessary to carry out the provisions of this section.
The Board shall adopt regulations necessary to carry out the proSec.
Sec.
25.of NRS 432A.220 is hereby amended to read as follows:
25.
NRS 432A.220 is hereby amended to read as follows:
- *AB99_R2* – 10 – Sec.
Sec.
The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the custody of an agency which provides child welfare services is placed in a manner that is appropriate for the gender identity or expression of the child.
The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the - 79th Session (2017) – 10 – custody of an agency which provides child welfare services is placed in a manner that is appropriate for the gender identity or expression of the child.
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities or who have resided in such settings;
children who are currently residing in foster homes, facilities for the detention of children, child care facilities, mental health facilities or who have resided in such settings;
and (b) Ensure that an out-of-home placement into which a child is placed follows the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility.
and (b) Ensure that an out-of-home placement into which a child is placed follows the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the4.acAs used in this section:
4.
As used in this section:
A facility which provides care, treatment or training to a child who is in the custody of an agency which provides child - *AB99_R2* – 11 – welfare services and who is admitted to the facility pursuant to NRS 432B.6076 shall:
A facility which provides care, treatment or training to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to NRS 432B.6076 shall:
Ensure that each employee of the facility who comes into direct contact with children at the facility receives, within 90 days after employment and annually thereafter, training that has been approved by the Division of Child and Family Services concerning working with lesbian, gay, bisexual, transgender and questioning children;
Ensure that each employee of the facility who comes into direct contact with children at the facility receives, within 90 days after employment and annually thereafter, training that has been - 79th Session (2017) – 11 – approved by the Division of Child and Family Services concerning working with lesbian, gay, bisexual, transgender and questioning children;
Ensure that each child who is placed in the facility is treated in all respects in accordance with the child’s gender identity or expression;
Ensure that each child who is placed in the facility is identity or expression;
and 3.
andaccordance with the child’s gender 3.
In addition to the training provided pursuant to subsection 1, an agency which provides child welfare services shall ensure that each employee of the agency who comes into direct contact with children receives, within 90 days after employment and annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.
In addition to the training provided pursuant to subsection 1, an agency which provides child welfare services shall ensure with children receives, within 90 days after employment andact annually thereafter, training concerning working with lesbian, gay, bisexual, transgender and questioning children.
432B.607 As used in NRS 432B.607 to 432B.6085, inclusive, and section 29 of this act, unless the context otherwise requires, the - *AB99_R2* – 12 – words and terms defined in NRS 432B.6071 to 432B.6074, inclusive, have the meanings ascribed to them in those sections.
432B.607 As used in NRS 432B.607 to 432B.6085, inclusive, and section 29 of this act, unless the context otherwise requires, the words and terms defined in NRS 432B.6071 to 432B.6074, inclusive, have the meanings ascribed to them in those sections.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 79th Session (2017) – 12 – Sec.
2.
of NRS 432B.607 to 432B.6085, inclusive, and section 29 of thisvisions act, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, apply to all children who are in the custody of an agency which provides child welfare services.
Unless the context clearly indicates otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, and section 29 of this act, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 435.635, inclusive, apply to all children who are in the custody of an agency which provides child welfare services.
The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children, and protocols for such an institution or agency to follow when placing a child within the institution or agency that ensure that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child.
The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of when placing a child within the institution or agency that ensureow that each child who is so committed is placed in a manner that is appropriate for the gender identity or expression of the child.
- *AB99_R2* – 13 – (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(d) Representatives of lesbian, gay, bisexual, transgender and questioning persons;
(e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
- 79th Session (2017) – 13 – (e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings;
(g) Advocates of children;
(h) Any other person deemed appropriate by the Division of Child and Family Services.
and (h) Any other person deemed appropriate by the Division of Child and Family Services.
A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall ensure that each employee who comes into direct contact with children who are in custody receives training within [30] 90 days after employment and annually thereafter.
A public or private institution or agency to which a juvenile court commits a child, including, without limitation, a who comes into direct contact with children who are in custody employee receives training within [30] 90 days after employment and annually thereafter.
- *AB99_R2* – 14 – (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the institution or agency;
- 79th Session (2017) – 14 – (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the institution or agency;
[and] (h) Working with gay, lesbian, bisexual, transgender and questioning children;
[and] (h) Working with gay, lesbian, bisexual, transgender and que(i) Such other matters as required by the Division of Child and Family Services.
and (i) Such other matters as required by the Division of Child and Family Services.
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for the detention of children, child care facilities and mental health facilities or who have resided in such settings;
(a) Lesbian, gay, bisexual, transgender and questioning children who are currently residing in foster homes, facilities for facilities or who have resided in such settings;
(b) Representatives of each agency which provides child welfare services in this State;
and mental health (b) Representatives of each agency which provides child welfare services in this State;
- *AB99_R2* – 15 – 3.
- 79th Session (2017) – 15 – 3.
A facility shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility.
A facility shall follow the protocols prescribed in the within the facility.pursuant to subsection 2 when placing a child 5.
5.
Such training must be approved by the Division of Child and Family Services and include, without limitation, instruction concerning:
Such training must be approved by the Division instruction concerning:vices and include, without limitation, (a) Controlling the behavior of children;
(a) Controlling the behavior of children;
and (i) Such other matters as required by the Administrator of the Division of Child and Family Services.
and - 79th Session (2017) – 16 – (i) Such other matters as required by the Administrator of the Division of Child and Family Services.
- *AB99_R2* – 16 – 2.
2.
The Administrator of the Division of Child and Family Services shall provide direction to the superintendent of each facility concerning the manner in which to carry out the provisions of this section.
The Administrator of the Division of Child and Family Services shall provide direction to the superintendent of each facility section.ng the manner in which to carry out the provisions of this Sec.
Sec.
(b) Representatives of each agency which provides child welfare services in this State;
(b) Representatives of each agency which provides child wel(c) Representatives of state and local facilities for the detention of children;
(c) Representatives of state and local facilities for the detention of children;
4.
- 79th Session (2017) – 17 – 4.
- *AB99_R2* – 17 – (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
(c) “Foster home” has the meaning ascribed to it in NRS 424.014.
(c) “Foster home” has the meaning ascribed to it in NRS(d) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act.
(d) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act.
H - *AB99_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 9.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 86 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 18, Nays: 2, Excused: 1.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 86.) To printer.

  8. Placed on Second Reading File.

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

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

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 15, Excused: 1.) To Senate.

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

  14. Read second time. Amended. (Amend. No. 26.) To printer.

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

  16. Read first time. To committee.

  17. From printer.

  18. Prefiled. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 55 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (55)

55 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 99?
AB 99 is sponsored by Neal, Dina (Democratic), Monroe-Moreno, Daniele (Democratic), Cancela, Sprinkle, Yeager, Steve (Democratic), Skip Daly, Tyrone Thompson, Pat Spearman, Shannon Bilbray-Axelrod, Joyce Woodhouse, Nelson Araujo, and Olivia Diaz.
What is the current status of AB 99?
This bill has been enacted into law. Introduced February 02, 2017. Enacted.
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