Text of NV AB 99 (2017)

A.B. 99 - *AB99* ASSEMBLY BILL NO. 99–ASSEMBLYMAN ARAUJO 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. AN ACT relating to children; requiring certain institutions and agencies to treat a child as having the gender with which the child identifies; requiring certain persons to receive training on working with lesbian, gay, bisexual, transgender and questioning children; prescribing the rights of children in certain placements; requiring the Division of Child and Family Services of the Department of Health and Human Services to establish a process for filing and resolving certain grievances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a court to place a child in a public or private institution 1 or agency authorized to care for children. (NRS 62E.110) Such institutions include 2 juvenile detention facilities, foster homes, child care facilities and mental health 3 facilities. (NRS 62B.200, 63.400, 432A.1757, 432B.550, 433B.310) Existing law 4 also provides for the licensure and regulation of foster care agencies, which are 5 business entities that recruit and enter into contracts with foster homes to assist an 6 agency which provides child welfare services and juvenile courts in the placement 7 of children in foster homes. (NRS 424.0135, 424.093-424.270) Additionally, 8 existing law designates as the agency which provides child welfare services: (1) in 9 a county whose population is less than 100,000, the Division of Child and Family 10 Services of the Department of Health and Human Services; and (2) in a county 11 whose population is 100,000 or more, the agency of the county which provides or 12 arranges for necessary child welfare services. (NRS 432B.030) 13 Sections 3, 4, 23, 28, 29, 37, 41 and 46 of this bill require each of those 14 institutions and agencies to treat a child for whom the institution or agency is 15 responsible as having the gender with which the child identifies, regardless of the 16 biological sex of the child. Sections 4, 6, 10, 24, 29, 31, 38, 43 and 47 of this bill 17 require each employee of such an institution or agency who comes into direct 18 – 2 – - *AB99* contact with children to receive, within 30 days after being hired, at least 2 hours of 19 training on working with lesbian, gay, bisexual, transgender and questioning 20 children. 21 Existing law: (1) establishes certain rights for foster children; (2) requires a 22 provider of foster care to take certain measures to notify a foster child of those 23 rights; and (3) authorizes a provider of foster care to impose reasonable restrictions 24 on the time, place and manner in which a foster child may exercise those rights. 25 (NRS 432.525-432.540) Sections 17-21 of this bill make these provisions 26 applicable to all children who are in the custody of an agency which provides child 27 welfare services, other than children placed in a mental health facility. Sections 33, 28 36, 40 and 45 of this bill provide certain rights to children who are committed by a 29 court to a public or private institution or agency, including a youth detention 30 facility operated by the State and a treatment facility or other facility operated by 31 the Division to provide mental health care and treatment. Sections 20, 33, 36, 40 32 and 45 also: (1) require such an institution or agency to take certain measures to 33 notify a child of those rights; and (2) authorize such an institution or agency to 34 impose reasonable restrictions on the time, place and manner in which a child may 35 exercise those rights. 36 Section 14 of this bill requires the Division to establish a procedure for filing 37 and resolving a grievance concerning a placement, a foster care agency, an agency 38 which provides child welfare services or an agency or institution to which a child is 39 committed by a court. 40 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 424 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2, 3 and 4 of this act. 2 Sec. 2. “Biological sex” means the biological condition of 3 being male or female, as determined at birth. 4 Sec. 3. Regardless of the biological sex of a foster child, a 5 provider of foster care shall ensure that each foster child who is 6 placed in the foster home is treated in all respects as having the 7 gender with which the foster child identifies unless doing so could 8 be harmful to the physical health of the foster child. 9 Sec. 4. 1. The holder of a license to operate a foster care 10 agency shall ensure that each member of the staff of the foster 11 care agency who comes into direct contact with a child placed by 12 the foster care agency receives, within 30 days after employment, 13 at least 2 hours of training that has been approved by the licensing 14 authority concerning working with lesbian, gay, bisexual, 15 transgender and questioning children. 16 2. Regardless of the biological sex of a child, a foster care 17 agency shall ensure that each child placed by the foster care 18 agency is treated in all respects as having the gender with which 19 the child identifies unless doing so could be harmful to the 20 physical health of the child. 21 – 3 – - *AB99* Sec. 5. NRS 424.010 is hereby amended to read as follows: 1 424.010 As used in this chapter, unless the context otherwise 2 requires, the words and terms defined in NRS 424.011 to 424.018, 3 inclusive, and section 2 of this act have the meanings ascribed to 4 them in those sections. 5 Sec. 6. NRS 424.0365 is hereby amended to read as follows: 6 424.0365 1. A licensee that operates a family foster home, a 7 specialized foster home, an independent living foster home or a 8 group foster home shall ensure that each employee who comes into 9 direct contact with children in the home receives training within 30 10 days after employment and annually thereafter. Such training must 11 include, without limitation, instruction concerning: 12 (a) Controlling the behavior of children; 13 (b) Policies and procedures concerning the use of force and 14 restraint on children; 15 (c) The rights of children in the home; 16 (d) Suicide awareness and prevention; 17 (e) The administration of medication to children; 18 (f) Applicable state and federal constitutional and statutory 19 rights of children in the home; 20 (g) Policies and procedures concerning other matters affecting 21 the health, welfare, safety and civil and other rights of children in 22 the home; and 23 (h) Such other matters as required by the licensing authority or 24 pursuant to regulations of the Division. 25 2. In addition to the training required by subsection 1, a 26 licensee that operates a family foster home, a specialized foster 27 home, an independent living foster home or a group foster home 28 shall ensure that each employee who comes into direct contact 29 with children in the home receives, within 30 days after 30 employment, at least 2 hours of training that has been approved by 31 the licensing authority concerning working with lesbian, gay, 32 bisexual, transgender and questioning children. 33 3. The Division shall adopt regulations necessary to carry out 34 the provisions of this section. 35 Sec. 7. NRS 424.090 is hereby amended to read as follows: 36 424.090 The provisions of NRS 424.020 to 424.090, inclusive, 37 and section 3 of this act do not apply to homes in which: 38 1. Care is provided only for a neighbor’s or friend’s child on an 39 irregular or occasional basis for a brief period, not to exceed 90 40 days. 41 2. Care is provided by the legal guardian. 42 3. Care is provided for an exchange student. 43 – 4 – - *AB99* 4. Care is provided to enable a child to take advantage of 1 educational facilities that are not available in his or her home 2 community. 3 5. Any child or children are received, cared for and maintained 4 pending completion of proceedings for adoption of such child or 5 children, except as otherwise provided in regulations adopted by the 6 Division. 7 6. Except as otherwise provided in regulations adopted by the 8 Division, care is voluntarily provided to a minor child who is related 9 to the caregiver by blood, adoption or marriage. 10 7. Care is provided to a minor child who is in the custody of an 11 agency which provides child welfare services pursuant to chapter 12 432B of NRS or a juvenile court pursuant to title 5 of NRS if: 13 (a) The caregiver is related to the child within the fifth degree of 14 consanguinity; and 15 (b) The caregiver is not licensed pursuant to the provisions of 16 NRS 424.020 to 424.090, inclusive [.] , and section 3 of this act. 17 Sec. 8. NRS 424.095 is hereby amended to read as follows: 18 424.095 1. An application for a license to operate a foster 19 care agency must be in a form prescribed by the Division and 20 submitted to the appropriate licensing authority. Such a license is 21 effective for 2 years after the date of its issuance and may be 22 renewed upon expiration. 23 2. An applicant must provide reasonable and satisfactory 24 assurance to the licensing authority that the applicant will conform 25 to the provisions of NRS 424.093 to 424.270, inclusive, and section 26 4 of this act, and the regulations adopted by the Division pursuant 27 thereto. 28 3. Upon application for renewal, the licensing authority may 29 renew a license if the licensing authority determines that the 30 licensee conforms to the provisions of NRS 424.093 to 424.270, 31 inclusive, and section 4 of this act, and the regulations adopted by 32 the Division pursuant thereto. 33 Sec. 9. NRS 424.096 is hereby amended to read as follows: 34 424.096 1. After notice and hearing, a licensing authority 35 may: 36 (a) Deny an application for a license to operate a foster care 37 agency if the licensing authority determines that the applicant does 38 not comply with the provisions of NRS 424.093 to 424.270, 39 inclusive, and section 4 of this act, and the regulations adopted by 40 the Division pursuant thereto. 41 (b) Upon a finding of deficiency, require a foster care agency to 42 prepare a plan of corrective action and, within 90 days or a shorter 43 period prescribed by the licensing authority require the foster care 44 agency to complete the plan of corrective action. 45 – 5 – - *AB99* (c) Refuse to renew a license or may revoke a license if the 1 licensing authority finds that the foster care agency has refused or 2 failed to meet any of the established standards or has violated any of 3 the regulations adopted by the Division pursuant to NRS 424.093. 4 2. A notice of the time and place of the hearing must be mailed 5 to the last known address of the applicant or licensee at least 15 days 6 before the date fixed for the hearing. 7 3. When an order of a licensing authority is appealed to the 8 district court, the trial may be de novo. 9 Sec. 10. NRS 424.135 is hereby amended to read as follows: 10 424.135 1. The foster care agency shall develop and carry out 11 a written plan for the orientation, training, supervision and 12 evaluation of members of the staff. 13 2. The orientation must include, without limitation, information 14 on the policies and procedures of the foster care agency, goals for 15 the programs and services of the foster care agency, the 16 responsibilities of members of the staff and the provisions of this 17 chapter and the regulations adopted pursuant thereto that relate to 18 licensing. The training must include, without limitation, any training 19 required by the licensing authority [.] and the training required by 20 section 4 of this act. Each member of the staff must be evaluated at 21 least once each year. 22 3. The foster care agency shall maintain comprehensive written 23 policies and procedures for the personnel, services and programs of 24 the foster care agency and make the policies and procedures readily 25 available to the members of the staff and to the licensing authority. 26 4. The foster care agency shall maintain comprehensive records 27 for personnel that, upon request, must be made available to the 28 licensing authority. 29 Sec. 11. Chapter 432 of NRS is hereby amended by adding 30 thereto the provisions set forth as sections 12, 13 and 14 of this act. 31 Sec. 12. “Child care facility” has the meaning ascribed to it 32 in NRS 432A.024. 33 Sec. 13. “Out-of-home placement” means a foster home or 34 child care facility which has physical custody of a child pursuant 35 to the order of a court. 36 Sec. 14. 1. The Division shall prescribe by regulation: 37 (a) A procedure by which a child or, if applicable, the parent 38 or guardian of a child may file a grievance concerning a foster 39 care agency, an agency which provides child welfare services, an 40 out-of-home placement, a psychiatric hospital or facility in which 41 a child who is in the custody of an agency which provides child 42 welfare services is placed, a division facility or any public or 43 private institution or agency to which a child is committed by a 44 court; and 45 – 6 – - *AB99* (b) A process for resolving those grievances, which must 1 provide for persons who are not directly responsible for the care of 2 the child who filed or is the subject of the grievance to evaluate the 3 grievance and, if such a person determines that the grievance is 4 not frivolous, investigate the grievance and impose remedies. Such 5 remedies must include, without limitation, requiring the agency or 6 placement, facility or institution to make changes to address the 7 grievance, or notifying a regulatory or law enforcement agency 8 with jurisdiction over the agency, placement, facility or institution. 9 2. As used in this section: 10 (a) “Division facility” has the meaning ascribed to it in 11 NRS 433B.070. 12 (b) “Foster care agency” has the meaning ascribed to it in 13 NRS 424.0135. 14 Sec. 15. NRS 432.0125 is hereby amended to read as follows: 15 432.0125 1. The Administrator shall appoint, with the 16 approval of the Director, a chief of each of the bureaus in the 17 Division. The chiefs are designated respectively as: 18 (a) The Superintendent of the Nevada Youth Training Center; 19 (b) The Superintendent of the Caliente Youth Center; and 20 (c) The Chief of the Youth Parole Bureau. 21 2. The Administrator is responsible for the administration, 22 through the Division, of the provisions of chapters 63 and 424 of 23 NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, 24 inclusive, and 433B.010 to 433B.340, inclusive, and sections 45 25 and 46 of this act, and all other provisions of law relating to the 26 functions of the Division, but is not responsible for the professional 27 activities of the components of the Division except as specifically 28 provided by law. 29 Sec. 16. NRS 432.500 is hereby amended to read as follows: 30 432.500 As used in NRS 432.500 to 432.550, inclusive, and 31 sections 12, 13 and 14 of this act, unless the context otherwise 32 requires, the words and terms defined in NRS 432.505, 432.510 and 33 432.515 and sections 12 and 13 of this act have the meanings 34 ascribed to them in those sections. 35 Sec. 17. NRS 432.525 is hereby amended to read as follows: 36 432.525 A child [placed in a foster home by] in the custody of 37 an agency which provides child welfare services , other than a child 38 placed in a facility as defined in NRS 432B.6072, has the right: 39 1. To receive information concerning his or her rights set forth 40 in this section and NRS 432.530 and 432.535. 41 2. To be treated with dignity and respect. 42 3. To fair and equal access to services, placement, care, 43 treatment and benefits. 44 – 7 – - *AB99* 4. To receive adequate, healthy, appropriate and accessible 1 food. 2 5. To receive adequate, appropriate and accessible clothing and 3 shelter. 4 6. To receive appropriate medical care, including, without 5 limitation: 6 (a) Dental, vision and mental health services; 7 (b) Medical and psychological screening, assessment and 8 testing; and 9 (c) Referral to and receipt of medical, emotional, psychological 10 or psychiatric evaluation and treatment as soon as practicable after 11 the need for such services has been identified. 12 7. To be free from: 13 (a) Abuse or neglect, as defined in NRS 432B.020; 14 (b) Corporal punishment, as defined in NRS 388.478; 15 (c) Unreasonable searches of his or her personal belongings or 16 other unreasonable invasions of privacy; 17 (d) The administration of psychotropic medication unless the 18 administration is consistent with NRS 432B.197 and the policies 19 established pursuant thereto; and 20 (e) Discrimination or harassment on the basis of his or her actual 21 or perceived race, ethnicity, ancestry, national origin, color, religion, 22 sex, sexual orientation, gender identity, mental or physical disability 23 or exposure to the human immunodeficiency virus. 24 8. To attend religious services of his or her choice or to refuse 25 to attend religious services. 26 9. Except for placement in a facility, as defined in NRS 27 432B.6072, not to be locked in any room, building or premise or to 28 be subject to other physical restraint or isolation. 29 10. Except as otherwise prohibited by the agency which 30 provides child welfare services: 31 (a) To send and receive unopened mail; and 32 (b) To maintain a bank account and manage personal income, 33 consistent with the age and developmental level of the child. 34 11. To complete an identification kit, including, without 35 limitation, photographing, and include the identification kit and his 36 or her photograph in a file maintained by the agency which provides 37 child welfare services and any employee thereof who provides child 38 welfare services to the child. 39 12. To communicate with other persons, including, without 40 limitation, the right: 41 (a) To communicate regularly, but not less often than once each 42 month, with an employee of the agency which provides child 43 welfare services who provides child welfare services to the child; 44 – 8 – - *AB99* (b) To communicate confidentially with the agency which 1 provides child welfare services to the child concerning his or her 2 care; 3 (c) To report any alleged violation of his or her rights pursuant 4 to NRS 432.550 without being threatened or punished; 5 (d) Except as otherwise prohibited by a court order, to contact a 6 family member, social worker, attorney, advocate for children 7 receiving foster care services or guardian ad litem appointed by a 8 court or probation officer; and 9 (e) Except as otherwise prohibited by a court order and to the 10 extent practicable, to contact and visit his or her siblings, including 11 siblings who have not been placed in foster homes and to have such 12 contact arranged on a regular basis and on holidays, birthdays and 13 other significant life events, unless such contact is contrary to the 14 safety of the child or his or her siblings. 15 13. Not to have contact or visitation with a sibling withheld as 16 a form of punishment. 17 Sec. 18. NRS 432.530 is hereby amended to read as follows: 18 432.530 With respect to the placement of a child in [a foster 19 home by] the custody of an agency which provides child welfare 20 services, other than a child placed in a facility as defined in NRS 21 432B.6072, the child has the right: 22 1. To live in a safe, healthy, stable and comfortable 23 environment, including, without limitation, the right: 24 (a) If safe and appropriate, to remain in his or her home, be 25 placed in the home of a relative or be placed in a home within his or 26 her community; 27 (b) To be placed in an appropriate foster home best suited to 28 meet the unique needs of the child, including, without limitation, 29 any disability of the child; 30 (c) To be placed in a foster home where the licensee, employees 31 and residents of the foster home who are 18 years of age or older 32 have submitted to an investigation of their background and personal 33 history in compliance with NRS 424.031; and 34 (d) To be placed with his or her siblings, whenever possible, and 35 as required by law, if his or her siblings are also placed outside the 36 home. 37 2. To receive and review information concerning his or her 38 placement, including, without limitation, the right: 39 (a) To receive information concerning any plan for his or her 40 permanent placement adopted pursuant to NRS 432B.553; 41 (b) To receive information concerning any changes made to his 42 or her plan for permanent placement; and 43 (c) If the child is 12 years of age or older, to review the plan for 44 his or her permanent placement. 45 – 9 – - *AB99* 3. To attend and participate in a court hearing which affects the 1 child, to the extent authorized by law and appropriate given the age 2 and experience of the child. 3 4. Consistent with the age and developmental experience of the 4 child, except as otherwise prohibited by court order or unless the 5 sibling objects, to be informed of any plan to change, or change in, 6 the placement of a sibling, including, without limitation: 7 (a) A plan adopted pursuant to NRS 432B.553 for the permanent 8 placement of the sibling; and 9 (b) Any plan to change the placement of, or a change in the 10 placement of, a sibling resulting from adoption, reaching the age of 11 18 years or otherwise leaving a foster home. 12 Sec. 19. NRS 432.535 is hereby amended to read as follows: 13 432.535 With respect to the education and vocational training 14 of a child [placed in a foster home by] in the custody of an agency 15 which provides child welfare services, other than a child placed in 16 a facility as defined in NRS 432B.6072, the child has the right: 17 1. To receive fair and equal access to an education, including, 18 without limitation, the right: 19 (a) To receive an education as required by law; 20 (b) To have stability in and minimal disruption to his or her 21 education when the child is placed in [a foster home;] an out-of- 22 home placement; 23 (c) To attend the school and remain in the scholastic activities 24 that he or she was enrolled in before placement in [a foster home,] 25 an out-of-home placement, to the extent practicable and if in the 26 best interests of the child; 27 (d) To have educational records transferred in a timely manner 28 from the school that he or she was enrolled in before placement in [a 29 foster home] an out-of-home placement to a new school, if any; 30 (e) Not to be identified as a [foster] child who has been placed 31 in an out-of-home placement to other students at his or her school 32 by an employee of a school district, including, without limitation, a 33 school administrator, teacher or instructional aide; 34 (f) To receive any educational screening, assessment or testing 35 required by law; 36 (g) To be referred to and receive educational evaluation and 37 services as soon as practicable after the need for such services has 38 been identified, including, without limitation, access to special 39 education and special services to meet the unique needs of a child 40 with educational or behavioral disabilities or impairments that 41 adversely affect the child’s educational performance; 42 (h) To have access to information regarding relevant educational 43 opportunities, including, without limitation, course work for 44 vocational and postsecondary educational programs and financial 45 – 10 – - *AB99* aid for postsecondary education, once the child is 16 years of age or 1 older; and 2 (i) To attend a class or program concerning independent living 3 for which he or she is qualified that is offered by the agency which 4 provides child welfare services or another agency or contractor of 5 the State. 6 2. To participate in extracurricular, cultural and personal 7 enrichment activities which are consistent with the age and 8 developmental level of the child. 9 3. To work and to receive vocational training, to the extent 10 permitted by statute and consistent with the age and developmental 11 level of the child. 12 4. To have access to transportation, if practicable, to allow the 13 child to participate in extracurricular, cultural, personal and work 14 activities. 15 Sec. 20. NRS 432.540 is hereby amended to read as follows: 16 432.540 1. [A provider of foster care that places a child in a 17 foster home] An out-of-home placement with which a child in the 18 custody of an agency which provides child welfare services is 19 placed shall: 20 (a) Inform the child of his or her rights set forth in NRS 21 432.525, 432.530 and 432.535 [;] and the process for filing a 22 grievance prescribed pursuant to section 14 of this act; 23 (b) Provide the child with a written [copy] summary of those 24 rights [;] and the process for filing a grievance; and 25 (c) Provide an additional written copy of [those rights] the 26 summary to the child upon request. 27 2. A group foster home and a child care facility which has 28 physical custody of a child pursuant to the order of a court shall 29 post a written copy of the [rights set forth in NRS 432.525, 432.530 30 and 432.535] summary described in subsection 1 in a conspicuous 31 place inside the group foster home. 32 Sec. 21. NRS 432.545 is hereby amended to read as follows: 33 432.545 [A provider of foster care] An out-of-home placement 34 with which a child in the custody of an agency which provides 35 child welfare services is placed may impose reasonable restrictions 36 on the time, place and manner in which a child may exercise his or 37 her rights set forth in NRS 432.525, 432.530 and 432.535 if the 38 [provider of foster care] out-of-home placement determines that 39 such restrictions are necessary to preserve the order, discipline or 40 safety of the [foster home.] out-of-home placement. 41 Sec. 22. NRS 432.550 is hereby amended to read as follows: 42 432.550 If a child believes that his or her rights set forth in 43 NRS 432.525, 432.530 and 432.535 have been violated, the child 44 may raise and redress a grievance with, without limitation: 45 – 11 – - *AB99* 1. A provider of foster care; 1 2. An employee of a foster home; 2 3. An agency which provides child welfare services to the 3 child, and any employee thereof; 4 4. A juvenile court with jurisdiction over the child; 5 5. A guardian ad litem for the child; [or] 6 6. An attorney for the child [.] ; or 7 7. The Division, using the process established pursuant to 8 section 14 of this act. 9 Sec. 23. Chapter 432A of NRS is hereby amended by adding 10 thereto a new section to read as follows: 11 1. Regardless of the biological sex of a child, a child care 12 facility which occasionally or regularly has physical custody of 13 children pursuant to the order of a court, including, without 14 limitation, an emergency shelter, shall treat each child who is 15 placed in the facility in all respects as having the gender with 16 which the child identifies unless doing so could be harmful to the 17 physical health of the child. 18 2. As used in this section, “biological sex” has the meaning 19 ascribed to it in section 2 of this act. 20 Sec. 24. NRS 432A.177 is hereby amended to read as follows: 21 432A.177 1. A licensee that operates a child care facility 22 which occasionally or regularly has physical custody of children 23 pursuant to the order of a court, including, without limitation, an 24 emergency shelter, shall ensure that each employee who comes into 25 direct contact with children in the facility receives training within 30 26 days after employment and annually thereafter. Such training must 27 include, without limitation, instruction concerning: 28 (a) Controlling the behavior of children; 29 (b) Policies and procedures concerning the use of force and 30 restraint on children; 31 (c) The rights of children in the facility; 32 (d) Suicide awareness and prevention; 33 (e) The administration of medication to children; 34 (f) Applicable state and federal constitutional and statutory 35 rights of children in the facility; 36 (g) Policies and procedures concerning other matters affecting 37 the health, welfare, safety and civil and other rights of children in 38 the facility; and 39 (h) Such other matters as required by the Board. 40 2. In addition to the training required by subsection 1, a 41 licensee that operates a child care facility which occasionally or 42 regularly has physical custody of children pursuant to the order of 43 a court, including, without limitation, an emergency shelter, shall 44 ensure that each employee who comes into direct contact with 45 – 12 – - *AB99* children in the facility receives, within 30 days after employment, 1 at least 2 hours of training that has been approved by the licensing 2 authority concerning working with lesbian, gay, bisexual, 3 transgender and questioning children. 4 3. The Board shall adopt regulations necessary to carry out the 5 provisions of this section. 6 Sec. 25. NRS 432A.220 is hereby amended to read as follows: 7 432A.220 Any person who operates a child care facility 8 without a license issued pursuant to NRS 432A.131 to 432A.220, 9 inclusive, and section 23 of this act is guilty of a misdemeanor. 10 Sec. 26. Chapter 432B of NRS is hereby amended by adding 11 thereto the provisions set forth as sections 27, 28 and 29 of this act. 12 Sec. 27. “Biological sex” has the meaning ascribed to it in 13 section 2 of this act. 14 Sec. 28. Regardless of the biological sex of a child, an 15 agency which provides child welfare services shall treat each child 16 to whom the agency provides services in all respects as having the 17 gender with which the child identifies unless doing so could be 18 harmful to the physical health of the child. 19 Sec. 29. A facility which provides care, treatment or training 20 to a child who is in the custody of an agency which provides child 21 welfare services and who is admitted to the facility pursuant to 22 NRS 432B.6076 shall: 23 1. Ensure that each employee of the facility who comes into 24 direct contact with children at the facility receives, within 30 days 25 after employment, at least 2 hours of training that has been 26 approved by the Division of Child and Family Services concerning 27 working with lesbian, gay, bisexual, transgender and questioning 28 children; and 29 2. Regardless of the biological sex of a child, ensure that 30 each child who is placed in the facility is treated in all respects as 31 having the gender with which the child identifies unless doing so 32 could be harmful to the physical health of the child. 33 Sec. 30. NRS 432B.010 is hereby amended to read as follows: 34 432B.010 As used in this chapter, unless the context otherwise 35 requires, the words and terms defined in NRS 432B.020 to 36 432B.110, inclusive, and section 27 of this act have the meanings 37 ascribed to them in those sections. 38 Sec. 31. NRS 432B.195 is hereby amended to read as follows: 39 432B.195 1. An agency which provides child welfare 40 services shall provide training to each person who is employed by 41 the agency and who provides child welfare services. Such training 42 must include, without limitation, instruction concerning the 43 applicable state and federal constitutional and statutory rights of a 44 person who is responsible for a child’s welfare and who is: 45 – 13 – - *AB99* (a) The subject of an investigation of alleged abuse or neglect of 1 a child; or 2 (b) A party to a proceeding concerning the alleged abuse or 3 neglect of a child pursuant to NRS 432B.410 to 432B.590, 4 inclusive. 5 2. In addition to the training provided pursuant to subsection 6 1, an agency which provides child welfare services shall ensure 7 that each employee of the agency who comes into direct contact 8 with children receives, within 30 days after employment, at least 2 9 hours of training concerning working with lesbian, gay, bisexual, 10 transgender and questioning children. 11 3. Nothing in this section shall be construed as requiring or 12 authorizing a person who is employed by an agency which provides 13 child welfare services to offer legal advice, legal assistance or legal 14 interpretation of state or federal statutes or laws. 15 Sec. 32. NRS 432B.607 is hereby amended to read as follows: 16 432B.607 As used in NRS 432B.607 to 432B.6085, inclusive, 17 and section 29 of this act, unless the context otherwise requires, the 18 words and terms defined in NRS 432B.6071 to 432B.6074, 19 inclusive, have the meanings ascribed to them in those sections. 20 Sec. 33. NRS 432B.6082 is hereby amended to read as 21 follows: 22 432B.6082 1. In addition to the personal rights set forth in 23 NRS 432B.607 to 432B.6085, inclusive, and section 29 of this act, 24 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, 25 and chapters 433A and 433B of NRS, and NRS 435.530 to 435.635, 26 inclusive, a child who is in the custody of an agency which provides 27 child welfare services and who is admitted to a facility has [the 28 following personal rights, a list of which must be prominently 29 posted in all facilities providing evaluation, treatment or training 30 services to such children and must be otherwise brought to the 31 attention of the child by such additional means as prescribed by 32 regulation: 33 1. To receive an education as required by law;] : 34 (a) The rights accorded to other children in the custody of an 35 agency which provides child welfare services by subsections 1 to 6, 36 inclusive, paragraphs (a), (b) and (e) of subsection 7 and 37 subsections 8, 11 and 12 of NRS 432.525, subsections 2, 3 and 4 of 38 NRS 432.530 and paragraphs (a), (b) and (e) to (i), inclusive, of 39 subsection 1 of NRS 432.535; and 40 [2. To] 41 (b) The right to receive an allowance from the agency which 42 provides child welfare services in an amount equivalent to any 43 allowance required to be provided to children who reside in foster 44 homes. 45 – 14 – - *AB99* 2. A facility to which a child who is in the custody of an 1 agency which provides child welfare services is admitted shall: 2 (a) Inform the child of his or her rights set forth in subsection 3 1 and the process for filing a grievance prescribed pursuant to 4 section 14 of this act; 5 (b) Provide the child with a written summary of those rights 6 and the process for filing a grievance; 7 (c) Provide an additional written copy of the summary to the 8 child upon request; and 9 (d) Post the summary in a conspicuous place inside the 10 facility. 11 3. A facility to which a child who is in the custody of an 12 agency which provides child welfare services is admitted may 13 impose reasonable restrictions on the time, place and manner in 14 which a child may exercise his or her rights set forth in subsection 15 1 if the facility determines that such restrictions are necessary to 16 preserve the order, discipline or safety of the facility. 17 Sec. 34. NRS 432B.6085 is hereby amended to read as 18 follows: 19 432B.6085 1. Nothing in this chapter purports to deprive any 20 person of any legal rights without due process of law. 21 2. Unless the context clearly indicates otherwise, the provisions 22 of NRS 432B.607 to 432B.6085, inclusive, and section 29 of this 23 act, 433.456 to 433.543, inclusive, and 433.545 to 433.551, 24 inclusive, and chapters 433A and 433B of NRS and NRS 435.530 to 25 435.635, inclusive, apply to all children who are in the custody of an 26 agency which provides child welfare services. 27 Sec. 35. Chapter 62B of NRS is hereby amended by adding 28 thereto the provisions set forth as sections 36 and 37 of this act. 29 Sec. 36. 1. In addition to any other personal rights 30 provided by law, a child who has been committed to a public or 31 private institution or agency by a juvenile court has the rights 32 accorded to a child in the custody of an agency which provides 33 child welfare services by subsections 1 to 6, inclusive, paragraphs 34 (a), (b) and (e) of subsection 7, subsections 8 and 11 and 35 paragraphs (c), (d) and (e) of subsection 12 of NRS 432.525, 36 subsections 3 and 4 of NRS 432.530 and paragraphs (a), (b) and 37 (e) to (i), inclusive, of subsection 1 of NRS 432.535. 38 2. A public or private institution or agency to which a child 39 has been committed by a juvenile court shall: 40 (a) Inform the child of his or her rights set forth in subsection 41 1 and the process for filing a grievance prescribed pursuant to 42 section 14 of this act; 43 (b) Provide the child with a written summary of those rights 44 and the process for filing a grievance; 45 – 15 – - *AB99* (c) Provide an additional written copy of the summary to the 1 child upon request; and 2 (d) Post the summary in a conspicuous place inside the 3 institution or agency. 4 3. A public or private institution or agency to which a child 5 has been committed by a juvenile court may impose reasonable 6 restrictions on the time, place and manner in which a child may 7 exercise his or her rights set forth in subsection 1 if the institution 8 or agency determines that such restrictions are necessary to 9 preserve the order, discipline or safety of the institution or agency. 10 Sec. 37. 1. Regardless of the biological sex of a child, a 11 public or private institution or agency to which a juvenile court 12 commits a child, including, without limitation, a facility for the 13 detention of children, shall treat each child that a juvenile court 14 commits to the institution or agency in all respects as having the 15 gender with which the child identifies unless doing so could be 16 harmful to the physical health of the child. 17 2. As used in this section, “biological sex” has the meaning 18 ascribed to it in section 2 of this act. 19 Sec. 38. NRS 62B.250 is hereby amended to read as follows: 20 62B.250 1. A public or private institution or agency to which 21 a juvenile court commits a child, including, without limitation, a 22 facility for the detention of children, shall ensure that each employee 23 who comes into direct contact with children who are in custody 24 receives training within 30 days after employment and annually 25 thereafter. Such training must include, without limitation, 26 instruction concerning: 27 (a) Controlling the behavior of children; 28 (b) Policies and procedures concerning the use of force and 29 restraint on children; 30 (c) The rights of children in the institution or agency; 31 (d) Suicide awareness and prevention; 32 (e) The administration of medication to children; 33 (f) Applicable state and federal constitutional and statutory 34 rights of children in the institution or agency; 35 (g) Policies and procedures concerning other matters affecting 36 the health, welfare, safety and civil and other rights of children in 37 the institution or agency; and 38 (h) Such other matters as required by the Division of Child and 39 Family Services. 40 2. In addition to the training provided pursuant to subsection 41 1, a public or private institution or agency to which a juvenile 42 court commits a child shall ensure that each employee who comes 43 into direct contact with children who are in custody receives, 44 within 30 days after employment, at least 2 hours of training that 45 – 16 – - *AB99* has been approved by the Division of Child and Family Services 1 concerning working with lesbian, gay, bisexual, transgender and 2 questioning children. 3 3. The Division of Child and Family Services shall adopt 4 regulations necessary to carry out the provisions of this section. 5 Sec. 39. Chapter 63 of NRS is hereby amended by adding 6 thereto the provisions set forth as sections 40 and 41 of this act. 7 Sec. 40. 1. In addition to any other personal rights 8 provided by law, a child in a facility has the rights accorded to a 9 child in the custody of an agency which provides child welfare 10 services by subsections 1 to 6, inclusive, paragraphs (a), (b) and 11 (e) of subsection 7, subsections 8 and 11 and paragraphs (c), (d) 12 and (e) of subsection 12 of NRS 432.525, subsections 3 and 4 of 13 NRS 432.530 and paragraphs (a), (b) and (e) to (i), inclusive, of 14 subsection 1 of NRS 432.535. 15 2. A facility shall: 16 (a) Inform each child in the facility of his or her rights set 17 forth in subsection 1 and the process for filing a grievance 18 prescribed pursuant to section 14 of this act; 19 (b) Provide the child with a written summary of those rights 20 and the process for filing a grievance; 21 (c) Provide an additional written copy of the summary to the 22 child upon request; and 23 (d) Post the summary in a conspicuous place inside the 24 facility. 25 3. A facility may impose reasonable restrictions on the time, 26 place and manner in which a child may exercise his or her rights 27 set forth in subsection 1 if the facility determines that such 28 restrictions are necessary to preserve the order, discipline or safety 29 of the facility. 30 Sec. 41. 1. Regardless of the biological sex of a child, a 31 facility shall treat each child in the facility in all respects as 32 having the gender with which the child identifies unless doing so 33 could be harmful to the physical health of the child. 34 2. As used in this section, “biological sex” has the meaning 35 ascribed to it in section 2 of this act. 36 Sec. 42. NRS 63.100 is hereby amended to read as follows: 37 63.100 1. For each facility, the position of superintendent of 38 the facility is hereby created. 39 2. The superintendent of a facility shall administer the 40 provisions of NRS 63.010 to 63.620, inclusive, and sections 40 and 41 41 of this act, 63.720, 63.770 and 63.790 subject to administrative 42 supervision by the Administrator of the Division of Child and 43 Family Services. 44 – 17 – - *AB99* Sec. 43. NRS 63.190 is hereby amended to read as follows: 1 63.190 1. The superintendent of a facility shall ensure that 2 each employee who comes into direct contact with children in the 3 facility receives training within 30 days after employment and 4 annually thereafter. Such training must include, without limitation, 5 instruction concerning: 6 (a) Controlling the behavior of children; 7 (b) Policies and procedures concerning the use of force and 8 restraint on children; 9 (c) The rights of children in the facility; 10 (d) Suicide awareness and prevention; 11 (e) The administration of medication to children; 12 (f) Applicable state and federal constitutional and statutory 13 rights of children in the home; 14 (g) Policies and procedures concerning other matters affecting 15 the health, welfare, safety and civil and other rights of children in 16 the facility; and 17 (h) Such other matters as required by the Administrator of the 18 Division of Child and Family Services. 19 2. In addition to the training required by subsection 1, the 20 superintendent of a facility shall ensure that each employee of a 21 facility who comes into direct contact with children in the facility 22 receives, within 30 days after employment, at least 2 hours of 23 training that has been approved by the Division of Child and 24 Family Services concerning working with lesbian, gay, bisexual, 25 transgender and questioning children. 26 3. The Administrator of the Division of Child and Family 27 Services shall provide direction to the superintendent of each facility 28 concerning the manner in which to carry out the provisions of this 29 section. 30 Sec. 44. Chapter 433B of NRS is hereby amended by adding 31 thereto the provisions set forth as sections 45 and 46 of this act. 32 Sec. 45. 1. In addition to any other personal rights 33 provided by law, a child who has been committed to a treatment 34 facility or other division facility by a court order has the rights 35 accorded to a child in the custody of an agency which provides 36 child welfare services by subsections 1 to 6, inclusive, paragraphs 37 (a), (b) and (e) of subsection 7, subsections 8 and 11 and 38 paragraphs (c), (d) and (e) of subsection 12 of NRS 432.525, 39 subsections 3 and 4 of NRS 432.530 and paragraphs (a), (b) and 40 (e) to (i), inclusive, of subsection 1 of NRS 432.535. 41 2. A treatment facility or other division facility to which a 42 child has been committed by a court order shall: 43 – 18 – - *AB99* (a) Inform the child of his or her rights set forth in subsection 1 1 and the process for filing a grievance prescribed pursuant to 2 section 14 of this act; 3 (b) Provide the child with a written summary of those rights 4 and the process for filing a grievance; 5 (c) Provide an additional written copy of the summary to the 6 child upon request; and 7 (d) Post the summary in a conspicuous place inside the 8 facility. 9 3. A treatment facility or other division facility may impose 10 reasonable restrictions on the time, place and manner in which a 11 child may exercise his or her rights set forth in subsection 1 if the 12 institution or agency determines that such restrictions are 13 necessary to preserve the order, discipline or safety of the 14 institution or agency. 15 Sec. 46. 1. Regardless of the biological sex of a child, a 16 treatment facility and any other division facility into which a child 17 may be committed by a court order shall treat each child 18 committed to the facility by a court order in all respects as having 19 the gender with which the child identifies unless doing so could be 20 harmful to the physical health of the child. 21 2. As used in this section, “biological sex” has the meaning 22 ascribed to it in section 2 of this act. 23 Sec. 47. NRS 433B.175 is hereby amended to read as follows: 24 433B.175 1. The Administrator shall ensure that each 25 employee who comes into direct contact with children at any 26 treatment facility and any other division facility into which a child 27 may be committed by a court order receives training within 30 days 28 after employment and annually thereafter. Such training must 29 include, without limitation, instruction concerning: 30 (a) Controlling the behavior of children; 31 (b) Policies and procedures concerning the use of force and 32 restraint on children; 33 (c) The rights of children in the facility; 34 (d) Suicide awareness and prevention; 35 (e) The administration of medication to children; 36 (f) Applicable state and federal constitutional and statutory 37 rights of children in the facility; 38 (g) Policies and procedures concerning other matters affecting 39 the health, welfare, safety and civil and other rights of children in 40 the facility; and 41 (h) Such other matters as required by the Board. 42 2. In addition to the training required by subsection 1, the 43 Administrator shall ensure that each employee who comes into 44 direct contact with children at any treatment facility and any other 45 – 19 – - *AB99* division facility into which a child may be committed by a court 1 order receives, within 30 days after employment, at least 2 hours 2 of training that has been approved by the Division concerning 3 working with lesbian, gay, bisexual, transgender and questioning 4 children. 5 3. The Division shall adopt regulations necessary to carry out 6 the provisions of this section. 7 Sec. 48. This act becomes effective: 8 1. Upon passage and approval for the purpose of adopting any 9 regulations and performing any other preparatory administrative 10 tasks that are necessary to carry out the provisions of this act; and 11 2. On October 1, 2017, for all other purposes. 12 H

- 79th Session (2017) Assembly Bill No. 99–Assemblymen Araujo; Bilbray-Axelrod, Daly, Diaz, Monroe-Moreno, Neal, Sprinkle, Thompson and Yeager Joint Sponsors: Senators Cancela, Spearman and Woodhouse CHAPTER.......... AN ACT relating to children; requiring certain institutions and agencies to treat a child as having the gender with which the child identifies; requiring certain persons to receive training on working with lesbian, gay, bisexual, transgender and questioning children; requiring the Division of Child and Family Services of the Department of Health and Human Services to establish protocols to follow or factors to consider before placing a child in certain placements; requiring the Division to establish a process for filing and resolving certain grievances; revising the manner in which a foster child is notified of his or her rights; requiring certain facilities to which a juvenile court commits a child to comply with certain federal law; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a court to place a child in a public or private institution or agency authorized to care for children. (NRS 62E.110) Such institutions include juvenile detention facilities, foster homes, child care facilities and mental health facilities. (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 of children in foster homes. (NRS 424.0135, 424.093-424.270) Additionally, existing law designates as the agency which provides child welfare services: (1) in a county whose population is less than 100,000, the Division of Child and Family Services of the Department of Health and Human Services; and (2) in a county whose population is 100,000 or more, the agency of the county which provides or arranges for necessary child welfare services. (NRS 432B.030) Sections 3, 4, 23, 28, 29, 37, 41 and 46 of this bill require each of those 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. Existing law requires an employee of such an institution or agency to receive certain training. (NRS 62B.250, 63.190, 424.0365, 424.135, 432A.177, 432B.195, 433B.175) Sections 4, 6, 10, 24, 29, 31, 38, 43 and 47 of this bill require that training to: (1) be approved by the licensing authority or the Division; and (2) include instruction on working with lesbian, gay, bisexual, transgender and questioning children. Sections 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 – 2 – - 79th Session (2017) a facility must follow when placing a child within the facility. Section 28 of this bill requires the Division to adopt 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. Section 28 also requires an agency which provides child welfare services to: (1) follow such protocols when placing a child in an out-of-home placement; and (2) ensure that an out-of-home placement follows such protocols when placing a child within the placement. Sections 3, 4 and 29 require a foster home, foster care agency or facility into which a child alleged to be a child with emotional disturbance who is in the custody of an agency which provides child welfare services is committed to follow such protocols. 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. Existing law requires a provider of foster care to provide a foster child with a written copy of his or her rights. (NRS 432.540) Section 20 of this bill requires a provider of foster care to provide a foster child with a written summary of those 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. (42 U.S.C. §§ 15601 et seq.) Sections 37 and 41 require certain facilities to which a juvenile court commits a child to adhere to the Prison Rape Elimination Act and any standards adopted pursuant to that federal law. 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. Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5, 3 and 4 of this act. Sec. 2. (Deleted by amendment.) Sec. 2.5. “Gender identity or expression” means a gender- related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth. Sec. 3. A provider of foster care shall: 1. Ensure that each foster child who is placed in the foster home is treated in all respects in accordance with the child’s gender identity or expression; and 2. Follow the protocols prescribed in the regulations adopted pursuant to section 28 of this act when placing a foster child within the foster home. Sec. 4. 1. 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 – 3 – - 79th Session (2017) and annually thereafter, training that has been approved by the licensing authority concerning working with lesbian, gay, bisexual, transgender and questioning children. 2. A foster care agency shall: (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; and (b) Follow the protocols prescribed in the regulations adopted pursuant to section 28 of this act when assisting an agency which provides child welfare services or a juvenile court in placing a child in foster care. Sec. 5. NRS 424.010 is hereby amended to read as follows: 424.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.011 to 424.018, inclusive, and section 2.5 of this act have the meanings ascribed to them in those sections. Sec. 6. NRS 424.0365 is hereby amended to read as follows: 424.0365 1. A licensee that operates a family foster home, a specialized foster home, an independent living foster home or a group foster home shall ensure that each employee who comes into direct contact with children in the home receives training within [30] 90 days after employment and annually thereafter. Such training must be approved by the licensing authority and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the home; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the home; (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the home; [and] (h) Working with lesbian, gay, bisexual, transgender and questioning children; and (i) Such other matters as required by the licensing authority or pursuant to regulations of the Division. 2. The Division shall adopt regulations necessary to carry out the provisions of this section. – 4 – - 79th Session (2017) Sec. 7. NRS 424.090 is hereby amended to read as follows: 424.090 1. The provisions of NRS 424.020 to 424.090, inclusive, and section 3 of this act do not apply to homes in which: [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. [2.] (b) Care is provided by the legal guardian. [3.] (c) Care is provided for an exchange student. [4.] (d) Care is provided to enable a child to take advantage of educational facilities that are not available in his or her home community. [5.] (e) Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division. [6.] (f) Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is related to the caregiver by blood, adoption or marriage. [7.] (g) Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS or a juvenile court pursuant to title 5 of NRS if: [(a)] (1) The caregiver is related to the child within the fifth degree of consanguinity [;] or a fictive kin; and [(b)] (2) The caregiver is not licensed pursuant to the provisions of NRS 424.020 to 424.090, inclusive [.] , and section 3 of this act. 2. 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. Sec. 8. NRS 424.095 is hereby amended to read as follows: 424.095 1. An application for a license to operate a foster care agency must be in a form prescribed by the Division and submitted to the appropriate licensing authority. Such a license is effective for 2 years after the date of its issuance and may be renewed upon expiration. 2. 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. 3. 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, – 5 – - 79th Session (2017) inclusive, and section 4 of this act, and the regulations adopted by the Division pursuant thereto. Sec. 9. NRS 424.096 is hereby amended to read as follows: 424.096 1. 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. (b) Upon a finding of deficiency, require a foster care agency to prepare a plan of corrective action and, within 90 days or a shorter period prescribed by the licensing authority require the foster care agency to complete the plan of corrective action. (c) Refuse to renew a license or may revoke a license if the licensing authority finds that the foster care agency has refused or failed to meet any of the established standards or has violated any of the regulations adopted by the Division pursuant to NRS 424.093. 2. A notice of the time and place of the hearing must be mailed to the last known address of the applicant or licensee at least 15 days before the date fixed for the hearing. 3. When an order of a licensing authority is appealed to the district court, the trial may be de novo. Sec. 10. NRS 424.135 is hereby amended to read as follows: 424.135 1. The foster care agency shall develop and carry out a written plan for the orientation, training, supervision and evaluation of members of the staff. 2. 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 training must include, without limitation, any training required by the licensing authority [.] and the training required by section 4 of this act. Each member of the staff must be evaluated at least once each year. 3. The foster care agency shall maintain comprehensive written policies and procedures for the personnel, services and programs of the foster care agency and make the policies and procedures readily available to the members of the staff and to the licensing authority. 4. The foster care agency shall maintain comprehensive records for personnel that, upon request, must be made available to the licensing authority. – 6 – - 79th Session (2017) Sec. 11. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 12, 13 and 14 of this act. Secs. 12 and 13. (Deleted by amendment.) Sec. 14. 1. The Division shall prescribe by regulation: (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; and (b) A process for resolving those grievances, which must provide for persons who are not directly responsible for the care of the child who filed or is the subject of the grievance to evaluate the grievance and, if such a person determines that the grievance is not frivolous, investigate the grievance and impose remedies. Such remedies must include, without limitation, requiring the agency or placement, facility or institution to make changes to address the grievance, or notifying a regulatory or law enforcement agency with jurisdiction over the agency, placement, facility or institution. 2. An out-of-home placement with which a child in the custody of the agency which provides child welfare services is placed shall: (a) Inform the child of the process for filing a grievance pursuant to subsection 1; (b) Provide the child with a summary of that process; and (c) Provide an additional written copy of the summary upon request. 3. As used in this section: (a) “Division facility” has the meaning ascribed to it in NRS 433B.070. (b) “Foster care agency” has the meaning ascribed to it in NRS 424.0135. (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. Sec. 15. NRS 432.0125 is hereby amended to read as follows: 432.0125 1. The Administrator shall appoint, with the approval of the Director, a chief of each of the bureaus in the Division. The chiefs are designated respectively as: (a) The Superintendent of the Nevada Youth Training Center; (b) The Superintendent of the Caliente Youth Center; and – 7 – - 79th Session (2017) (c) The Chief of the Youth Parole Bureau. 2. 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. Sec. 16. NRS 432.500 is hereby amended to read as follows: 432.500 As used in NRS 432.500 to 432.550, inclusive, and section 14 of this act, unless the context otherwise requires, the words and terms defined in NRS 432.505, 432.510 and 432.515 have the meanings ascribed to them in those sections. Secs. 17-19. (Deleted by amendment.) Sec. 20. NRS 432.540 is hereby amended to read as follows: 432.540 1. A provider of foster care that places a child in a foster home shall: (a) Inform the child of his or her rights set forth in NRS 432.525, 432.530 and 432.535; (b) Provide the child with a written [copy] summary of those rights; and (c) Provide an additional written copy of [those rights] the summary to the child upon request. 2. 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. Sec. 21. (Deleted by amendment.) Sec. 22. NRS 432.550 is hereby amended to read as follows: 432.550 If a child believes that his or her rights set forth in NRS 432.525, 432.530 and 432.535 have been violated, the child may raise and redress a grievance with, without limitation: 1. A provider of foster care; 2. An employee of a foster home; 3. An agency which provides child welfare services to the child, and any employee thereof; 4. A juvenile court with jurisdiction over the child; 5. A guardian ad litem for the child; [or] 6. An attorney for the child [.] ; or 7. The Division, using the process established pursuant to section 14 of this act. – 8 – - 79th Session (2017) Sec. 23. Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows: 1. 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. 2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before placing a child in the custody of a child care facility and protocols for a child care facility to follow when placing a child within the facility that ensure that each child who is so placed is placed in a manner that is appropriate for the gender identity or expression of the child. Such regulations must be adopted in consultation with: (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; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (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; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division of Child and Family Services of the Department. 3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before placing a child in a child care facility. 4. A child care facility, including, without limitation, an emergency shelter, which has physical custody of a child pursuant to the order of a court shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility. 5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. – 9 – - 79th Session (2017) (b) “Foster home” has the meaning ascribed to it in NRS 424.014. (c) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act. Sec. 24. 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. Such training must be approved by the licensing authority and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the facility; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the facility; (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; [and] (h) Working with lesbian, gay, bisexual, transgender and questioning children; and (i) Such other matters as required by the Board. 2. The Board shall adopt regulations necessary to carry out the provisions of this section. Sec. 25. NRS 432A.220 is hereby amended to read as follows: 432A.220 Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and section 23 of this act is guilty of a misdemeanor. Sec. 26. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 27, 28 and 29 of this act. Sec. 27. “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act. Sec. 28. 1. An agency which provides child welfare services shall treat each child to whom the agency provides services in all respects in accordance with the child’s gender identity or expression. 2. The Division of Child and Family Services shall adopt regulations establishing protocols to ensure that each child in the – 10 – - 79th Session (2017) 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. Such regulations must be adopted in consultation with: (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; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (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; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division of Child and Family Services. 3. An agency which provides child welfare services shall: (a) Follow the protocols prescribed in the regulations adopted pursuant to subsection 2 before placing a child in an out-of-home placement; 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. 4. As used in this section: (a) “Child care facility” has the meaning ascribed to it in NRS 432A.024. (b) “Foster home” has the meaning ascribed to it in NRS 424.014. (c) “Out-of-home placement” has the meaning ascribed to it in section 14 of this act. Sec. 29. 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: 1. 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 – 11 – - 79th Session (2017) approved by the Division of Child and Family Services concerning working with lesbian, gay, bisexual, transgender and questioning children; 2. 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; and 3. Follow the protocols prescribed in the regulations adopted pursuant to section 28 of this act when placing the child within the facility. Sec. 30. NRS 432B.010 is hereby amended to read as follows: 432B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 27 of this act have the meanings ascribed to them in those sections. Sec. 31. NRS 432B.195 is hereby amended to read as follows: 432B.195 1. An agency which provides child welfare services shall provide training to each person who is employed by the agency and who provides child welfare services. Such training must include, without limitation, instruction concerning the applicable state and federal constitutional and statutory rights of a person who is responsible for a child’s welfare and who is: (a) The subject of an investigation of alleged abuse or neglect of a child; or (b) A party to a proceeding concerning the alleged abuse or neglect of a child pursuant to NRS 432B.410 to 432B.590, inclusive. 2. 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. 3. Nothing in this section shall be construed as requiring or authorizing a person who is employed by an agency which provides child welfare services to offer legal advice, legal assistance or legal interpretation of state or federal statutes or laws. Sec. 32. NRS 432B.607 is hereby amended to read as follows: 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. Sec. 33. (Deleted by amendment.) – 12 – - 79th Session (2017) Sec. 34. NRS 432B.6085 is hereby amended to read as follows: 432B.6085 1. Nothing in this chapter purports to deprive any person of any legal rights without due process of law. 2. 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. Sec. 35. Chapter 62B of NRS is hereby amended by adding thereto the provisions set forth as sections 36 and 37 of this act. Sec. 36. (Deleted by amendment.) Sec. 37. 1. 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: (a) Treat each child that a juvenile court commits to the institution or agency in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2; and (b) To the extent applicable, comply with the Prison Rape Elimination Act, 42 U.S.C. §§ 15605 et seq., and all standards adopted pursuant thereto. 2. 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. Such regulations must be adopted in consultation with: (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; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (d) Representatives of lesbian, gay, bisexual, transgender and questioning persons; – 13 – - 79th Session (2017) (e) Attorneys, including, without limitation, attorneys who regularly represent children in child welfare or criminal proceedings; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division of Child and Family Services. 3. A juvenile court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a public or private institution or agency, including, without limitation, a facility for the detention of children. 4. 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 follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility. 5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. (b) “Child care facility” has the meaning ascribed to it in NRS 432A.024. (c) “Foster home” has the meaning ascribed to it in NRS 424.014. (d) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act. Sec. 38. NRS 62B.250 is hereby amended to read as follows: 62B.250 1. 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. Such training must be approved by the Division of Child and Family Services and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the institution or agency; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the institution or agency; – 14 – - 79th Session (2017) (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 (i) Such other matters as required by the Division of Child and Family Services. 2. The Division of Child and Family Services shall adopt regulations necessary to carry out the provisions of this section. Sec. 39. Chapter 63 of NRS is hereby amended by adding thereto the provisions set forth as sections 40 and 41 of this act. Sec. 40. (Deleted by amendment.) Sec. 41. 1. A facility shall: (a) Treat each child in the facility in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2; and (b) Comply with the Prison Rape Elimination Act, 42 U.S.C. §§ 15605 et seq., and all standards adopted pursuant thereto. 2. The Division of Child and Family Services shall adopt regulations establishing factors for a juvenile court to consider before committing a child to a facility and protocols for a facility to follow when placing a child within the facility 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. Such regulations must be adopted in consultation with: (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; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (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; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division of Child and Family Services. – 15 – - 79th Session (2017) 3. A juvenile court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a facility. 4. A facility shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing a child within the facility. 5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. (b) “Child care facility” has the meaning ascribed to it in NRS 432A.024. (c) “Foster home” has the meaning ascribed to it in NRS 424.014. (d) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act. Sec. 42. NRS 63.100 is hereby amended to read as follows: 63.100 1. For each facility, the position of superintendent of the facility is hereby created. 2. The superintendent of a facility shall administer the provisions of NRS 63.010 to 63.620, inclusive, and section 41 of this act, 63.720, 63.770 and 63.790 subject to administrative supervision by the Administrator of the Division of Child and Family Services. Sec. 43. NRS 63.190 is hereby amended to read as follows: 63.190 1. The superintendent of a facility 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. Such training must be approved by the Division of Child and Family Services and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the facility; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the home; (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; [and] (h) Working with gay, lesbian, bisexual, transgender and questioning children; and – 16 – - 79th Session (2017) (i) Such other matters as required by the Administrator of the Division of Child and Family Services. 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. Sec. 44. Chapter 433B of NRS is hereby amended by adding thereto the provisions set forth as sections 45 and 46 of this act. Sec. 45. (Deleted by amendment.) Sec. 46. 1. A treatment facility and any other division facility into which a child may be committed by a court order shall treat each child committed to the facility by a court order in all respects in accordance with the child’s gender identity or expression and the regulations adopted by the Division of Child and Family Services pursuant to subsection 2. 2. The Division of Child and Family Services of the Department shall adopt regulations establishing factors for a court to consider before committing a child to a treatment facility or other division facility and protocols for such a facility to follow when placing a child within the facility to 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. Such regulations must be adopted in consultation with: (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; (b) Representatives of each agency which provides child welfare services in this State; (c) Representatives of state and local facilities for the detention of children; (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; (f) Representatives of juvenile courts and family courts; (g) Advocates of children; and (h) Any other person deemed appropriate by the Division. 3. A court shall consider the factors prescribed in the regulations adopted pursuant to subsection 2 before committing a child to a treatment facility or other division facility. – 17 – - 79th Session (2017) 4. A treatment facility or other division facility to which a child is committed by a court order shall follow the protocols prescribed in the regulations adopted pursuant to subsection 2 when placing the child within the facility. 5. As used in this section: (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. (b) “Child care facility” has the meaning ascribed to it in NRS 432A.024. (c) “Foster home” has the meaning ascribed to it in NRS 424.014. (d) “Gender identity or expression” has the meaning ascribed to it in section 2.5 of this act. Sec. 47. NRS 433B.175 is hereby amended to read as follows: 433B.175 1. The Administrator shall ensure that each employee who comes into direct contact with children at any treatment facility and any other division facility into which a child may be committed by a court order receives training within [30] 90 days after employment and annually thereafter. Such training must be approved by the Division and include, without limitation, instruction concerning: (a) Controlling the behavior of children; (b) Policies and procedures concerning the use of force and restraint on children; (c) The rights of children in the facility; (d) Suicide awareness and prevention; (e) The administration of medication to children; (f) Applicable state and federal constitutional and statutory rights of children in the facility; (g) Policies and procedures concerning other matters affecting the health, welfare, safety and civil and other rights of children in the facility; [and] (h) Working with gay, lesbian, bisexual, transgender and questioning children; and (i) Such other matters as required by the Board. 2. The Division shall adopt regulations necessary to carry out the provisions of this section. Sec. 48. This act becomes effective: 1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and 2. On October 1, 2017, for all other purposes. 20 ~~~~~ 17