Nevada 2023 Regular Session Status: Enacted

AB 463 — Revises provisions governing child care facilities and certain child care programs. (BDR 38-1083)

Last action — Approved by the Governor. Chapter 254.

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  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 April 13, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 09, 2023.

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

563 added · 601 removed

Plain-language change summary

The recent amendments to Assembly Bill No. 463 involve transferring oversight of child care licensing from the Behavioral Health Division to the Division of Welfare and Supportive Services. Additionally, the bill now allows employees of the new division to access a central registry that tracks child abuse and neglect when evaluating individuals connected to child care facilities. These changes are important because they aim to streamline regulation and enhance child safety by ensuring that those involved in child care can be thoroughly vetted for any past issues related to child welfare.

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EXEMPT (Reprinted with amendments adopted on May 23, 2023) FIRST REPRINT A.B.
Assembly Bill No.
463 A SSEMBLY B ILLN O.
463–Committee on Ways and Means CHAPTER..........
463–COMMITTEE ON W AYS AND M EANS (O NB EHALF OF THE OFFICE OF FINANCE IN THE OFFICE OF THE G OVERNOR ) A PRIL13, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing child care facilities and certain child care programs.
(BDR 38-1083) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires a child care facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services if:
Existing law requires a child care facility to obtain a license from the Division if:
(1) the city or county in which the child care facility is located has not provided for the licensure of child care facilities by an agency of the city or county, as Existing law defines “child care institution” for that purpose to mean a facility that 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) the city or county in which the child care facility is located has not provided for the licensure of child care facilities by an agency of the city or county, as applicable;
(NRS 432A.0245) Section 4 of this bill transfers the authority to license and regulate such child care facilities from the Division of Public and Department.
or (2) the child care facility is a child care institution.
Section 1 of this bill authorizes an employee of the Division of - *AB463_R1* – 2 – Welfare and Supportive Services to access the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child when investigating the background of certain persons associated with a child care facility, small child care establishment or outdoor youth program.
(NRS 432A.131) Existing law defines “child care institution” for that purpose to mean a facility that 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.
Section 2 of this bill defines “Administrator” to refer to the Administrator of the Division of Welfare and Supportive Services, and section 3 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
(NRS 432A.0245) Section 4 of this bill transfers the authority Behavioral Health to the Division of Welfare and Supportive Services of thelic and Department.
Sections the coordination of entities with an interest in child care and to inspect child carefor facilities;
Section 1 of this bill authorizes an employee of the Division of Welfare and Supportive Services to access the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child when investigating the background of certain persons associated with a child care facility, small child care establishment or outdoor youth program.
Section 2 of this bill defines “Administrator” to refer to the Administrator of the Division of Welfare and Supportive Services, and section 3 of this bill makes a conforming change to 6-8 of this bill transfer to the Administrator:
(1) the duties to establish a policy for the coordination of entities with an interest in child care and to inspect child care facilities;
Section 11 of this bill transfers to the Division of Welfare and Supportive Services the duty to conduct a review of a child care facility that has been found by a legislative audit to have certain deficiencies.
Section 11 of this bill transfers to the Division of Welfare and Supportive Services the duty to conduct a review of a child careExisting law establishes the Nevada Early Childhood Advisory Council andiciencies.
(1) one member who is a representative of the Division of Welfare and Supportive Services whose duties include responsibility for child care;
(1) one member who is a representative of the Division of Welfare and Supportive Services whose duties - 82nd Session (2023) – 2 – include responsibility for child care;
(2) one member who is a representative of that Division whose duties include implementing regulations governing the licensure of organization, with consideration given to an enrolled member of a Nevada Indian tribe.
(2) one member who is a representative of that Division whose duties include implementing regulations governing the licensure of child care facilities;
Existing law:
and (3) one member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribExisting law:
Section 11.8 of this bill makes a conforming change to clarify that the State Fire Marshal is authorized to designate such a local fire agency to conduct certain inspections of a residential facility for groups or a building operated by a provider of community-based living arrangement services.
Section 11.8 of this bill makes a conforming fire agency to conduct certain inspections of a residential facility for groups or al building operated by a provider of community-based living arrangement services.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.
- *AB463_R1* – 3 – 2.
2.
(a) The person who is the subject of a background investigation by the employer provides written authorization for the release of the information;
- 82nd Session (2023) – 3 – by the employer provides written authorization for the release of the information;
(a) An employee of the Division;
- *AB463_R1* – 4 – Sec.
Sec.
432A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.0295, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
requires, the words and terms defined in NRS 432A.0205 toxt otherwise 432A.0295, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec.
- 82nd Session (2023) – 4 – 432A.076 NR1.
5.
The Nevada Early Childhood Advisory Councils:
NRS 432A.076 is hereby amended to read as follows:
is hereby established as the state advisory council on early childhood education and care required to be established pursuant to U.S.C.
432A.076 1.
The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C.
[(c)] (d) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C.
[(c)] (d) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Edu[(d)] (e) One member who is a representative of the boards of trustees of the school districts in this State;
§§ 1400 et seq.;
[(d)] (e) One member who is a representative of the boards of trustees of the school districts in this State;
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[(j)] (k) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood education programs;
[(j)] (k) One member who is a representative of a nonprofit organization located in southern Nevada that provides early chi[(k)] (l) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs;
- *AB463_R1* – 5 – [(k)] (l) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs;
and (o) Such other members as the Governor determines are appropriate.
and - 82nd Session (2023) – 5 – (o) Such other members as the Governor determines are appropriate.
(a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood education programs.
(a) Work to strengthen state-level coordination and collaboration programs.
(b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.
various sectors and settings of early childhood education (b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.
(e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.
higher education in this State in developing teachers in the field of early childhood education.
- *AB463_R1* – 6 – (III) Approaches to learning;
(III) Approaches to learning;
(h) Perform such other duties relating to early childhood education programs as designated by the Governor.
- 82nd Session (2023) – 6 – (h) Perform such other duties relating to early childhood education programs as designated by the Governor.
On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Standing Committee on Health and Human Services and the Jointim Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
(d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.
(d) Increasing opportunities for developing staff competence and entities.velopment within and between cooperating agencies and (e) Developing the most efficient, effective and economical methods for providing services to children and families.
(e) Developing the most efficient, effective and economical methods for providing services to children and families.
- *AB463_R1* – 7 – (a) Availability of other needed services for children in preschool or day care programs;
(a) Availability of other needed services for children in preschool or day care programs;
and (c) Coordination of community services with preschool or day care programs.
and - 82nd Session (2023) – 7 – care programs.ation of community services with preschool or day Sec.
Sec.
(3) Hold a high school diploma or, if approved by the Administrator , [of the Division of Public and Behavioral Health,] a general educational development certificate, have completed at least 15 semester hours in early childhood education or related courses and have at least 3,000 hours of experience in a child care facility;
(3) Hold a high school diploma or, if approved by the Administrator , [of the Division of Public and Behavioral Health,] a semester hours in early childhood education or related coursesast and have at least 3,000 hours of experience in a child care facility;
and (c) Within 90 days after the licensee or person appointed by the licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.
and licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.
- *AB463_R1* – 8 – (a) Acknowledge and encourage professional achievement in the early childhood care and education workforce in this State;
(a) Acknowledge and encourage professional achievement in the early childhood care and education workforce in this State;
(b) Establish a professional development system in this State for the field of early childhood care and education;
- 82nd Session (2023) – 8 – (b) Establish a professional development system in this State for the field of early childhood care and education;
and (d) Act as a statewide clearinghouse of information concerning the field of early childhood care and education.
and the field of early childhood care and education.mation concerning Sec.
Sec.
The [Chief Medical Officer] Administrator or a designee of the [Chief Medical Officer] Administrator shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program [, on behalf of the Division,] to secure compliance with laws and regulations concerning the health, safety and welfare of children in the care of the facility or program.
The [Chief Medical Officer] Administrator or a designee of the [Chief Medical Officer] Administrator shall enter and inspect at least annually, every building or premises of a child care facility and Division,] to secure compliance with laws and regulationsf of the concerning the health, safety and welfare of children in the care of the facility or program.
- *AB463_R1* – 9 – 1.
- 82nd Session (2023) – 9 – 1.
Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this State, including a facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the facility a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this State, including a facility licensed by a county or city, unless the parents or certificate stating that the child has been immunized and hasa received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Agrees to submit within 15 days a certificate from a physician or local health officer that the child has received or is receiving the required immunizations;
physician or local health officer that the child has received or is receiving the required immunizations;
- *AB463_R1* – 10 – Sec.
- 82nd Session (2023) – 10 – Sec.
Except as otherwise provided in subsection 2 and unless excused because of religious belief or medical condition, a child may not be admitted to any accommodation facility within this State, including an accommodation facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the accommodation facility written documentation stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the diseases set forth in subsection 1 of NRS 432A.230.
Except as otherwise provided in subsection 2 and unless excused because of religious belief or medical condition, a child may not be admitted to any accommodation facility within or city, unless the parents or guardian of the child submit to thety operator of the accommodation facility written documentation stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the diseases set forth in subsection 1 of NRS 432A.230.
A child whose parent or guardian has not established a permanent residence in the county in which an accommodation facility is located and whose history of immunization cannot be immediately confirmed by the written documentation required pursuant to subsection 1 may enter the accommodation facility conditionally if the parent or guardian:
A child whose parent or guardian has not established a permanent residence in the county in which an accommodation facility is located and whose history of immunization cannot be immediately confirmed by the written documentation required pursuant to subsection 1 may enter the accommodation facility con(a) Agrees to submit within 15 days the documentation required pursuant to subsection 1;
(a) Agrees to submit within 15 days the documentation required pursuant to subsection 1;
5.
- 82nd Session (2023) – 11 – child care facilities established by a county or city requires a child care facility to maintain proof of immunization of a child admitted to the facility, the Board or agency shall authorize a business which operates more than one accommodation facility to maintain proof of immunization of a child admitted to any accommodation facility of the business at a single location of the business.
To the extent that the Board or an agency for the licensing of child care facilities established by a county or city requires a child - *AB463_R1* – 11 – care facility to maintain proof of immunization of a child admitted to the facility, the Board or agency shall authorize a business which operates more than one accommodation facility to maintain proof of immunization of a child admitted to any accommodation facility of the business at a single location of the business.
Not later than 45 days after receiving a report pursuant to NRS 218G.590 concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has corrected the deficiencies described in the report.
Not later than 45 days after receiving a report pursuant to NRS 218G.590 concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.
The review may include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.
and (c) A statement of any issues of fact or law on which the Division, county or city, as applicable, disagrees with the report of the Legislative Auditor or the Legislative Auditor’s designee.
and (c) A statement of any issues of fact or law on which the the Legislative Auditor or the Legislative Auditor’s designee.port of 3.
3.
(a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the report publicly on an Internet website maintained by the Division, county or city, as applicable;
(a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the - 82nd Session (2023) – 12 – report publicly on an Internet website maintained by the Division, county or city, as applicable;
and (b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted - *AB463_R1* – 12 – pursuant to subsection 1.
and (b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.
After the review conducted pursuant to this paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.
Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a medical facility, a facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed.
Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any facility for the dependent or facility which is required by thety, a regulations adopted by the Board pursuant to NRS 449.0303 to be licensed.
Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted - 82nd Session (2023) – 13 – by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449.245, inclusive.
Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449Sec.
- *AB463_R1* – 13 – Sec.
11.8.usiNRS 449.131 is hereby amended to read as follows:
11.8.
NRS 449.131 is hereby amended to read as follows:
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
2.
- 82nd Session (2023) – 14 – 2.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to - *AB463_R1* – 14 – which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
H - *AB463_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 254.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 645.) To printer.

  9. From printer. To committee.

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

Sponsors

  • Assembly Committee on Ways and Means · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Ways and Means

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

public-safety education
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Frequently asked questions

Who sponsors AB 463?
AB 463 is sponsored by Assembly Committee on Ways and Means.
What is the current status of AB 463?
This bill has been enacted into law. Introduced April 13, 2023. Enacted.
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