AB 136 — Requires certain facilities to be licensed as child care institutions. (BDR 38-326)

A.B.Assembly Bill No.

136136–Committee Aon SSEMBLYHealth Band ILLNHuman O.Services CHAPTER..........

136–COMMITTEE ON H EALTH AND HUMAN SERVICES (O N BEHALF OF THE JOINT INTERIM STANDING C OMMITTEE ON H EALTH AND H UMAN SERVICES ) FEBRUARY 9, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Requires certain facilities to be licensed as child care institutions.

(BDR 38-326) 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.

Existing law defines the term “child care institution” to mean 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.

(1) a child carecareheir institution to be licensed by the Division of Public and Behavioral Health of the licensedDepartment byof theHealth Divisionand orHuman aServices; local licensing agency.

(NRSand 432A.131)(2) Existingtoother bechild federalcare lawfacilities definesto “qualifiedbe residentiallicensed treatmentby program”the toDivision meanor a programlocal that:licensing agency.

(NRS 432A.131) Existing federal law defines “qualified residential treatment program” to mean a program that:

(2) has clinical staff available 24 hours per day672(k)(4)) Existing federal law requires the Federal Government to pay to state and 7local daysgovernments pera week;portion of the cost of placing a child in a qualified residential treatment program that is regulated under state law as a child care institution.

and (3) meets certain other requirements.

§§§ 672(k)(4))672, Existing674) federalSection law1 requiresof thethis Federalbill Governmentincludes toany payqualified toresidential statetreatment andprogram, localregardless governmentsof athe portionsize of the costprogram, ofas placing a child incare ainstitution, qualifiedthereby: residential U.S.C.

§§(1) 672,requiring 674)the Sectionoperator 1 of thisa billqualified includesresidential anytreatment qualifiedprogram residentialon.that care institution from the Division;

(42and treatment(2) program,allowing regardlessgovernmental ofentities withinld this State to receive federal financial contributions toward the sizecost of theplacing program,children asin asuch childqualified careresidential institution,treatment thereby:programs.

(1)Section requiring2 theof operatorthis ofbill allows a qualified residential treatment program thatoperating provideson careor andbefore shelterJanuary for1, fewer2024, thanto 16continue childrenoperating towithout obtainsuch a license asuntil aJuly child1, care2024, institutionin fromcertain thecircumstances. Division;

andEXPLANATION (2) allowing governmental entities within this State to receive federal financial contributions toward the cost of placing - *AB136* – 2Matter – children in suchbolded qualifieditalics residentialis treatmentnew; programs.

Sectionmatter 2between ofbrackets this[omitted billmaterial] allowsis amaterial qualifiedto residentialbe treatmentomitted. program operating on or before January 1, circumstances.nue operating without such a license until July 1, 2024, in certain THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or - 82nd Session (2023) – 2 – (b) “Qualified residential treatment program,” as defined in 42 U.S.C.

or (c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.NRS.placed in [2.] 3.

[2.] 3.

- *AB136* – 3 – 2.

H~~~~~ 23 - *AB136*82nd Session (2023)