SB 397 — Revises provisions relating to certain persons who remain in foster care beyond the age of 18 years. (BDR 38-502)

424.0153 “Independent living foster home” means a foster home which provides assistance with the transition to independent living for children who have entered into an agreement to transition to independent living and for children who:

[but less than 18 years of age or who remain under the jurisdiction of a court pursuant to NRS 432B.594;] - *SB397_R1* – 4 – 2.

- 81st Session (2021) – 4 – 1.

3.] Are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home;home;or and [4.] 3.

and [4.] 3.

(c) Assault with intent to kill or to commit sexual assault or mayhem;may(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

(d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

(g) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a - *SB397_R1* – 5 – violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(i)- Any81st offenseSession relating(2021) to– pornography5 involving– minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits thetheapter same or similar conduct, within the immediately preceding 7 years;

Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to subsection 1 shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.

- *SB397_R1* – 6 – (a) Shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation;

and - 81st Session (2021) – 6 – (b) May conduct an investigation of any person who is 18 years of age or older who routinely supervises a child in a foster home at such times as it deems appropriate.

424.033home, 1.person who is licensed to conduct a foster home, employee of that applicant or licensee, resident of a foster home who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or a person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to subsection 2 of NRS 424.031, must submit to the licensing authority or its approved designee:

Each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, resident of a foster home who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or a person who is 18 years of age or older who routinely supervises a child in a foster home for whom an investigation is conducted pursuant to subsection 2 of NRS 424.031, must submit to the licensing authority or its approved designee:

For each person who submits the documentation required pursuant to subsection 1, 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 person has resided during the 3.

- *SB397_R1* – 7 – 5.

When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a - 81st Session (2021) – 7 – copy of the report to the licensing authority or its approved designee.

Upon receiving a report pursuant to this section, the licensing authority or its approved designee shall determine whether thethe7. person has been convicted of a crime listed in NRS 424.031.

7.The licensing authority shall immediately inform the.031.

The licensing authority shall immediately inform the applicant for a license to conduct a foster home or the person who is licensed to conduct a foster home whether an employee or resident of the foster home, or any other person who is 18 years of age or older who routinely supervises a child in the foster home for whom an investigation was conducted pursuant to subsection 2 of NRS 424.031, has been convicted of a crime listed in NRS 424.031.

424.039may, 1.in accordance with the procedures set forth in 28 C.F.R.

A§§ et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority orwishes itsto approvedplace designeea may,child in accordancean withemergency situation, other than a [resident who remains under the proceduresjurisdiction setof fortha court] participant in 28the C.F.R.Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

§§ 901 et seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child, other than a [resident who - *SB397_R1*81st Session (2021) – 8 – remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established the pursuant to [NRS 432B.594,] section 25 of this act, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved 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.

If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuantpursuantto the to subsection 2, the licensing authority must immediately remove the child from the foster home.

(c) Criteria and procedures for intake and admission into the independent living foster home and discharge from the independent living foster home, including, without limitation, procedures totot ensure that the child will be discharged into the care of his or her legal guardian if he or she is less than 18 years of age at the time of his or her discharge;

- 81st Session (2021) – 9 – (e) Criteria and procedures for terminating the approval of a location for an independent living arrangement;

- *SB397_R1* – 9 – (f) A detailed plan for determining and maintaining the supervision and visitation of each child after he or she has been placedpla(g) inThe atypes locationof forservices anthat independentthe livingprovider arrangement;of foster care will obtain or provide to meet the needs of the child during the placement.

and (g) The types of services that the provider of foster care will obtain or provide to meet the needs of the child during the placement.

(h) Support each [child who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594;] section 25 of this act;

andandlished pursuant to [NRS 432B.594;] section 25 of (i) Obtain and provide a system for responding to a crisis that is accessible to the child 24 hours a day, 7 days a week, including holidays, and provide training to each child on how to access and use the system.

- 81st Session (2021) – 10 – 3.

-Services.Department” *SB397_R1*means –the 10Department –of 4.Health and Human 5.

“Department” means the Department of Health and Human Services.

5.

An agency which provides child welfare services shall request and examine a copy of any credit report that may exist for each child whowelfare remainsservices infor 60 or more consecutive days:ch provides (a) When the custodychild ofreaches the agencyage whichof provides14 childyears, welfareand servicesthen forat 60least oronce moreannually consecutivethereafter days:as required pursuant to 42 U.S.C.

(a) When the child reaches the age of 14 years, and then at least once annually thereafter as required pursuant to 42 U.S.C.

or (b) If the child has reached the age of 14 years before the child is placed in the custody of the agency which provides child welfare services, within 90 days after the placement of the child in the custody of the agency which provides child welfare services, and then at least once annually thereafter as required pursuant to 42 U.S.C.

- 81st Session (2021) – 11 – 4.

(a) Report any information which may indicate identity theft or otheroth(b) crimeMake a diligent effort to resolve the Attorneyinaccuracy General;as soon as practicable;

- *SB397_R1* – 11 – (b) Make a diligent effort to resolve the inaccuracy as soon as practicable;

432A.0245provides 1.care and shelter during the day and night and provides which developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians.

“Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians.

As used in this section, “child” includes a person who is less than 18 years of age or who [remains under the jurisdiction of a court] participates in the Extended Young Adult Support Services - 81st Session (2021) – 12 – Program established pursuant to [NRS 432B.594.] section 25 of this act.

Except as otherwise provided in this section, the Divisionexceeding may1 issueyear, to a provisionalchild license,care effectivefacility which:ve for a period not exceeding(a) 1Is year,in operation at the time of adoption of standards and other regulations pursuant to athe childprovisions careof this chapter, if the Division determines that the facility which:requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;

- *SB397_R1* – 12 – (a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the Division determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;

A provisional license must not be issued pursuant to this section unless the Division has completed an investigation into the qualifications and background of the applicant and the employees of the applicant pursuant to NRS 432A.170 to ensure that the applicant and each employee of the applicant, or every resident of the child care facility who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him or her.

- 81st Session (2021) – 13 – (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

(c)(d) MethodPolicies ofand operationpurposes forof the facility;applicant.nd 2.

andSubject (d)to Policiesthe provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and purposespersonal history of every applicant, licensee, operator of a small child care establishment, employee of an applicant, 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 applicant.jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

2.

Subject to the provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee, - *SB397_R1* – 13 – operator of a small child care establishment, employee of an applicant, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

(e) Any crime against a child, including, without limitation, abuse, neglect or endangerment of a child, contributory delinquency or pornography(f) Arson;y involving a minor;

(f) Arson;

(j) Any offense relating to the possession or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;

(l) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive,- or81st aSession law(2021) of– any14 other– jurisdiction that prohibits the same or similar conduct;

of any other jurisdiction that prohibits the same (m) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;

- *SB397_R1* – 14 – 3.

Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee, operator of a small child care establishment, employee of an applicant, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older, from:

The information required to be obtained pursuant to subsectionssub(a) 2Employee andof an applicant, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older for an initial background check not later than 3 mustdays beafter requestedthe concerningemployee an:is hired, the residency begins or the participant begins participating in - 81st Session (2021) – 15 – the program and before the employee, resident or participant has direct contact with any child at the child care facility, and then at least once every 5 years thereafter.

(a)(b) EmployeeApplicant ofat an applicant, 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 jurisdictiontime ofthat a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoorapplication youth program who is 18submitted years of age or older for anissued.re, initialand backgroundthen checkat notleast lateronce thanevery 35 daysyears after the employeelicense is hired,(c) theOperator residencyof beginsa orsmall thechild participantcare beginsestablishment participating in the program and before the employee,operator residentbegins oroperating participant has direct contact with any child at the childestablishment, care facility, and then at least once every 5 years thereafter.after the establishment begins operating.

(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.

(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.

A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation - *SB397_R1* – 15 – of the background and personal history of the person has been conducted.

(a) Every applicant for a license to operate a child care facility, licensee, operator of a small child care establishment, employee of an applicant, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, 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:

and (3) Written authorization for the Division to obtain any information that may be available from the Statewide Central - 81st Session (2021) – 16 – Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

(b) If an employee of an applicant for a license to operate a child care facility, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, 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 immediately notify the applicant, licensee or small child care establishment who shall then comply with the provisions of NRS 432A.1755.

- *SB397_R1* – 16 – (c) An applicant for a license to operate a child care facility, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.

(d) An employee of an applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shall notify the applicant, licensee or operator not later than 24 hours after:

the applicant, licensee or operator not later than 24 (1) Being charged with or convicted of a crime listed in subsection 2 of NRS 432A.170;

(e) 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older shall notify the licensee of the child care facility, operator of the small - 81st Session (2021) – 17 – child care establishment or outdoor youth program, as applicable, not later than 24 hours after:

(2) Receiving notice that he or she is the subject of an investigation for child abuse or neglect;

or the subject of an (3) Receiving notice that a report of abuse or neglect has been substantiated against him or her.

(1) The applicant, licensee or operator, an employee of the applicant, 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth - *SB397_R1* – 17 – program who is 18 years of age or older, or a facility, establishment or program operated by the applicant, licensee or operator is the subject of a lawsuit or any disciplinary proceeding;

The provisions of this section apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the DepartmentDepartmentith pursuant to NRS 432A.1756.

(a) Except as otherwise provided in paragraph (c), 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 from an employee of an applicant for a license to operate a child care- facility,81st aSession licensee(2021) or– a18 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] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or participant in an outdoor youth program who is 18 years of age or older or from any other source that such an employee, resident or participant 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, 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 paragraph (b).

(b) If an employee, resident or participant believes that the information provided to the applicant, licensee or operator pursuant to paragraph (a) is incorrect, the employee, resident or participant must inform the applicant, licensee or operator immediately.

The - *SB397_R1* – 18 – applicant, licensee or operator shall give any such employee, resident or participant 30 days to correct the information.

(c) The Division may establish by regulation a process by which it may review evidence upon request to determine whether an employee of an applicant for a license to operate a child care facility, a licensee or operator of a small child care establishment, a resident of a child care facility who is 18 years of age or older, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, or a 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 may remain employed or continue to reside in the facility or establishment, as applicable, despite the conviction.

(e)- During81st anySession period(2021) in– which19 an– employee, resident or participant seeks to correct information pursuant to paragraph (b) or requests a review of information pursuant to paragraph (d), it is within the discretion of the applicant, licensee or operator whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or small child care establishment or participate in the outdoor youth program, as applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.

The Division shall adopt regulations to establish civil penalties to be imposed against any person, state or local government unit or agency thereof that fails to comply with the requirementsreqSec. of this section.

Sec.

Subject to the provisions of subsection 3, each applicant for a license to operate a child care facility, licensee and - *SB397_R1* – 19 – operator of a small child care establishment shall maintain records of the information concerning 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] participants in the Extended Young Adult Support Services Program established pursuant to [NRS 432B.594,] section 25 of this act, 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:

(a) A copy of the fingerprints that were submitted to the Central Rep(b) Proof that the applicant, licensee or operator submitted fingerprints to the Central Repository for Nevada Records of Criminal History;

(b) Proof that the applicant, licensee or operator submitted fingerprints to the Central Repository for Nevada Records of Criminal History;

(a)- Maintained81st forSession the(2021) period– of20 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) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

- *SB397_R1* – 20 – (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

(f) Failure to comply with the provisions of NRS 432A.178.

(i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident who is 18 years of age or older, other than [a resident who remains under the jurisdiction of a court] participant in the Extended- Young81st AdultSession Support(2021) Services– Program21 established– pursuant to [NRS 432B.594,] section 25 of this act, to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant 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.

or (c) Is ordered by the appropriate governmental agency to correct ato violationcorrect ofthe aviolation., building, safety or health code or regulation but fails to3. correct the violation.

3.

- *SB397_R1* – 21 – (b) A report of any investigation conducted with respect to the complaint;

In addition to any other disciplinary action, the Division may impose an administrative fine for a violation of any provision of this chaptershall orafford to any regulationperson adoptedso pursuantfined thereto.an opportunity for a hearing.

The Division shall afford to any person so fined an opportunity for a hearing.

As used in NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 432B.591 - 81st Session (2021) – 22 – and sections 22 and 23 of this act have the meanings ascribed to them in those sections.

“Program” means the Extended Young Adult Support Services Program established pursuant to section 25 of thisthiSec. act.

Sec.

While under the jurisdiction of the court, a young adult has the same authority to make decisions as a person who is over 18 years of age and who is not subject to the jurisdiction of the court.

On or before September 1 of each year, the Division of Child and Family Services shall submit a report regarding the Program, including, without limitation, the number of participants and the costs for providing the extended support services, for submittalsub(a) to:The Interim Finance Committee if the report is received during an odd-numbered year;

- *SB397_R1* – 22 – (a) The Interim Finance Committee if the report is received during an odd-numbered year;

and - 81st Session (2021) – 23 – (b) Determine whether the agency which provides child welfare services has made reasonable efforts to assist the participant in meeting the goals prescribed in the plan.

Except as otherwise provided in this subsection, notice of be given to the hearingparticipant mustor behis givenor her attorney by regularelectronic mail if the participant or certifiedhis mail.or her attorney, as applicable, agrees to receive notice in this manner.

Notice may be given to the participant or his or her attorney by electronic mail if the participant or his or her attorney, as applicable, agrees to receive notice in this manner.

The term does not include a person or governmental organization who continues to provide services to a [child that remains under the jurisdiction of a court pursuant to NRS 432B.594.] participant in the Extended Young Adult Support ServicesSerSec. Program established pursuant to section 25 of this act.

Sec.

NRS 432B.391 is hereby amended to read as follows:follows:t.

An agency which provides child welfare services or its approved designee may, in accordance with the - *SB397_R1* – 23 – procedures set forth in 28 C.F.R.

Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency - 81st Session (2021) – 24 – situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child, other than a [resident who remains under the jurisdiction of a court] participant in the Extended Young Adult Support Services Program established the pursuant to [NRS 432B.594,] section 25 of this act, must submit to the agency which provides child welfare services or its approved designee a complete set of fingerprints and written permission authorizing the agency which provides child welfare services or its approved 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.

Sec.432B.591 [As used in NRS 432B.591 to 432B.595, inclusive,s:

30.“child”] “Child” means a person who is [:

NRS 432B.591 is hereby amended to read as follows:

432B.591 [As used in NRS 432B.591 to 432B.595, inclusive, “child”] “Child” means a person who is [:

Over the age of 18 years and who remains under the jurisdiction of the court pursuant to NRS 432B.594.] - *SB397_R1* – 24 – Sec.

- 81st Session (2021) – 25 – (a) Counsel the child regarding the legal consequences of [remaining] :

(1) Remaining under the jurisdiction of the court [after reaching 18 years of age] pursuant to section 24 of this act, regardless of whether the child elects to participate in the Program;

andandf whether the child elects to participate in the (2) Participating in the Program;

(a) Provide information to the child regarding the Program, including, without limitation, eligibilityrequirementseligibility requirements for participation in the Program and extended young adult support services available to participants in the Program;

[If the child indicates during the meeting held pursuant to subsection 1 that the child does not intend to request that the court retain jurisdiction over the child, the agency which provides child welfare services shall recommend that the court terminate jurisdictionyears.iction over the child when the child reaches the age of 18 years.3.] Notwithstanding a determination made by a child during a meeting held pursuant to subsection 1, and notwithstanding any previous decision to terminate participation in the Program, any time before reaching the age of [18] 21 years, [the child] a young adult may [:

3.](a) NotwithstandingInform athe determinationagency madewhich byprovides a child duringwelfare aservices meetingthat heldthe pursuantchild intends to subsectionrequest 1,that andthe notwithstandingcourt anycontinue previousjurisdiction decisionover to terminate participation in the Program,child anypursuant timeto beforeNRS reaching432B.594, and the ageagency ofshall [18]revise 21its years,recommendation [theto child]the acourt youngaccordingly; adult may [:

- *SB397_R1* – 25 – (a) Inform the agency which provides child welfare services that the child intends to request that the court continue jurisdiction over the child pursuant to NRS 432B.594, and the agency shall revise its recommendation to the court accordingly;

- 81st Session (2021) – 26 – (a) Shall, upon the request of the young adult to participate in the Program made on or after his or her 18th birthday, assist the young adult to enroll in the Program.

(b) May refer the young adult to an attorney who provides legalin servicesthe withoutProgram.without a charge to assist the young adult to enroll in4. the Program.

4.A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of years to allow the child to live independently is not prohibited from [requesting that the court retain jurisdiction over the child pursuant to NRS 432B.594,] electing to participate in the Program, and [such a child is] would be entitled to the same rights and protections set forth in NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act, as provided to any other [child.] young adult under the Program.

A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of 18 years to allow the child to live independently is not prohibited from [requesting that the court retain jurisdiction over the child pursuant to NRS 432B.594,] electing to participate in the Program, and [such a child is] would be entitled to the same rights and protections set forth in NRS 432B.591 to 432B.595, inclusive, and sections 21 to 26, inclusive, of this act, as provided to any other [child.] young adult under the Program.

(1) Enrolled in a program of secondary education or an educational program leading to a general educational developmentdevelo(2) certificateEnrolled orin ana equivalentprogram document;of postsecondary or vocational education;

(2) Enrolled in a program of postsecondary or vocational education;

or - *SB397_R1* – 26 – (5) Incapable of satisfying any of the requirements prescribed in paragraphs (1) throughto (4), inclusive, due to a documented medical or cognitive condition;

(a)- The81st agencySession which(2021) provides– child27 welfare– services, the [child] young adult and the attorney of the [child] young adult agree to terminate [the jurisdiction;] participation in the Program;

3.this section transfers jurisdiction to another court in this State, theo court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.

[If the court that retains jurisdiction over a child pursuant to this section transfers jurisdiction to another court in this State, the court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.

(b) While [under the jurisdiction of the court,] participating in the Program, the [child] young adult is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments [directly or to have such payments provided to another entity as designated] in the mannermanneruch prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self- - *SB397_R1* – 27 – sufficiency which does not [to] exceed the rate of payment for foster care;

(c) While [under the jurisdiction of the court,] participating in the Program, the [child] young adult will no longer be under the legal custody of the agency which provides child welfare services, and- [the]81st anySession proceedings(2021) [concerning– the28 child]– conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;

[6.]wishes 5.to [have the court] terminate [jurisdiction over] the [child,] participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the [child] participant and [the] his or her attorney [of the child informing the child and the attorney of the child] that the [child] participant has days after receipt of the notice in which to request an informal administrative review.

If the agency which provides child welfare services wishes to [have the court] terminate [jurisdiction over] the [child,] participation of a young adult in the Program, the agency which provides child welfare services must send a notice to the [child] participant and [the] his or her attorney [of the child informing the child and the attorney of the child] that the [child] participant has 15 days after receipt of the notice in which to request an informal administrative review.

[7.]pursuant 6.to this section,] participant is entitled to continue to receive services and monetary payments from the agency which provides child welfare services [directly or to have such payments provided to another person or entity as designated] in the manner prescribed in the plan developed pursuant to NRS 432B.595 in an amount sufficient to assist the young adult to achieve self- sufficiency which does not [to] exceed the rate of payment for foster care.

A- [child,81st whileSession under(2021) the– jurisdiction29 of– theappropriate courtor pursuantnecessary to thisensure:order section,]which participantit isdeems entitled(a) toThat continue to receive services and monetary payments from the agency which provides child welfare services [directlyprovides orthe toservices haveand suchmonetary payments providedwhich tothe another[child] personparticipant oris entityentitled asto designated]receive in[;] theas manner prescribed inby the plan developed pursuant to NRS 432B.595432B.595; in an amount sufficient to assist the young adult to achieve self- - *SB397_R1* – 28 – sufficiency which does not [to] exceed the rate of payment for foster care.

[8.] 7.

The court may issue any order which it deems appropriate or necessary to ensure:

(a) That the agency which provides child welfare services provides the services and monetary payments which the [child] participant is entitled to receive [;] as prescribed by the plan developed pursuant to NRS 432B.595;

Such a plan must include, withoutwit(a) limitationThe [,persons or entities that will receive payments from the followingagency goals:]which :provides child welfare services and the manner in which such payments will be allocated.

(a) The persons or entities that will receive payments from the agency which provides child welfare services and the manner in which such payments will be allocated.

(d) A person or entity, including, without limitation, a relative or fictive kin, who provides a supervised arrangement for independentind(e) livingA wherelandlord, theproperty participantmanager resides.or other entity that collects rental payments for housing.

(e) A landlord, property manager or other entity that collects rental payments for housing.

- *SB397_R1*81st –Session 29(2021) – (b)30 If– the child has not graduated from high school or obtained a general equivalency diploma or an equivalent document, that thethened a [child remain enrolled in high school or a program to] young adult obtain a high school diploma or general equivalency diploma ;

(e)his Thator theher [child]monthly youngexpenses;g adult have adequate income to meet his(f) orThat herthe monthly[child] expenses;young adult identify an adult who will be available to provide support to the [child;] young adult;

(f) That the [child] young adult identify an adult who will be available to provide support to the [child;] young adult;

Based upon the needs of a participant, the agency which provides child welfare services may, at any time, after consulting withwit(a) theThe participant,persons revise:or entities to whom a payment is made pursuant to subsection 2.

(a) The persons or entities to whom a payment is made pursuant to subsection 2.

7.- 81st Session (2021) – 31 – (a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;

The agency which provides child welfare services shall:

- *SB397_R1* – 30 – (a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;

8.

As used in this section:

(c) “Qualified residential treatment program” has the meaning ascribed to it in 42 U.S.C.

§ 672.672.tment program” has the meaning Sec.

34.5.

The Division of Child and Family Services of the Department of Health and Human Services shall:

1.

Consult with and solicit the input of agencies which provide child welfare services, as defined in NRS 432B.030, nonprofit organizations, persons with expertise in issues concerning child welfare and other interested stakeholders to develop a budgetary enhancement for the Division to implement the Extended Young Adult Support Services Program established pursuant to section 25 of this act;

and 2.

To the extent federal or other funding is available, request the inclusion of the enhancement in the proposed budget for the 2023-2025 biennium for the Executive Department of the State Government.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.Legislature.or revises a Sec.

Sec.

This1. act becomes effective upon passage and approval.

HThis -section *SB397_R1*and sections 34.5 and 36 of this act become effective upon passage and approval.

- 81st Session (2021) – 32 – 2.

Sections 1 to 34, inclusive, and 35 of this act become effective on January 1, 2024.

~~~~~ 21 - 81st Session (2021)