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STATE OF NEVADA - Division of Child and Family Services

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Substantive Changes<br />

There are no substantive changes in state law that effect eligibility.<br />

Criminal Background Checks<br />

Nevada instituted a policy, 0515 <strong>Child</strong> Abuse <strong>and</strong> Neglect (CANS) <strong>and</strong> National Criminal Investigative Database (NCID)<br />

Requirements for Prospective Foster <strong>and</strong> Adoptive Parents in April <strong>of</strong> 2009. The policy creates statewide st<strong>and</strong>ards for<br />

completing <strong>and</strong> responding to CANS checks <strong>and</strong> establishes statewide st<strong>and</strong>ards for authorizing placement <strong>of</strong> children<br />

with caregivers who have undergone an NCID <strong>and</strong> CANS check prior to placement to ensure compliance with the<br />

requirements set forth in the Adam Walsh <strong>Child</strong> Protection Act <strong>of</strong> 2006.<br />

AB76 was introduced <strong>and</strong> enacted in the 2009 legislative session. The intent <strong>of</strong> this bill was to ensure the state is in<br />

compliance with the Adam Walsh <strong>Child</strong> Protection Act <strong>of</strong> 2006 which requires all child welfare agencies to conduct checks<br />

<strong>of</strong> the fingerprint-based National Crime Information Databases (NCID) <strong>and</strong> a child abuse <strong>and</strong> neglect screening (CANS) in<br />

every state <strong>of</strong> residence in the preceding five years for every prospective foster/adoptive parent. This additional<br />

information will assist child welfare agency staff to assess caregiver protective capacity to maintain children safely in their<br />

homes. As a result <strong>of</strong> AB76, NRS424.033 was revised. The revisions are designed to improve the child welfare agencies<br />

ability to further ensure that vulnerable children are not put into situations <strong>of</strong> abuse or neglect; specifically:<br />

1) The State <strong>of</strong> Nevada is in compliance with the requirements set forth in the Adam Walsh <strong>Child</strong> Protection Act <strong>of</strong> 2006.<br />

2) the <strong>Division</strong> <strong>of</strong> <strong>Child</strong> <strong>and</strong> <strong>Family</strong> <strong>Services</strong> <strong>and</strong> all child welfare agencies within the state will conduct a national<br />

fingerprint-based criminal background check (NCID) <strong>and</strong> a child abuse <strong>and</strong> neglect screening (CANS Check) in every<br />

state a prospective foster/adoptive parent has resided in the preceding 5 years.<br />

3) Checks will be made regardless <strong>of</strong> whether Title IV-E foster care maintenance payments or adoption assistance<br />

payments are to be made on behalf <strong>of</strong> the child.<br />

4) Additional safeguards will be in place for children that are cared for through the child welfare system to ensure they<br />

are placed with caregivers who have undergone an NCID <strong>and</strong> CANS check in each state they have resided in the<br />

proceeding five years which will provide additional information to the child welfare agencies on prospective foster <strong>and</strong><br />

adoptive parents when child welfare agencies need to make a decision as to whether the prospective foster <strong>and</strong><br />

adoptive parents have the capacity to keep them safe.<br />

5) Allow the state to charge fees for completing the CANS checks to <strong>of</strong>f set some <strong>of</strong> the costs the state is currently<br />

incurring due to other states’ fees. Some savings may result from placement <strong>of</strong> agency custody children with relatives<br />

not requiring licensure or receiving foster care reimbursement payments.<br />

Nevada Citizen Review Panel<br />

CRP was established in 1999 <strong>and</strong> is maintained by the CAPTA grant. The CRP is a subcommittee <strong>of</strong> the CJA. The Panel<br />

membership increased from one panel to three panels during 2006 to encourage more participation by Nevada citizenry.<br />

The panels include the Statewide CRP (it oversees all <strong>of</strong> the citizen review panels), the Northern Nevada Citizens<br />

Advisory Committee/CRP, <strong>and</strong> the Southern Nevada Citizens Advisory Committee/CRP. The panel participates in quality<br />

improvement targeted case reviews, review <strong>of</strong> policy <strong>and</strong> practice, <strong>and</strong> makes recommendations for improving the child<br />

protection system. The Statewide CRP, in collaboration with the northern <strong>and</strong> southern CRP's, produces an annual report<br />

that is submitted with the annual progress <strong>and</strong> services report. The DCFS response letter is located in Attachment A along<br />

with the CRP annual report.<br />

Citizen Review Panel Report <strong>and</strong> State Response<br />

State Requirements<br />

As part <strong>of</strong> the CAPTA requirements, states are required to codify citizen review panels through state law. In Nevada, this<br />

was completed with the passage <strong>of</strong> Assembly Bill (AB) 158 during the 1999 legislative session. The relevant text <strong>of</strong> AB<br />

158 was incorporated into Nevada Revised Statutes (NRS) under Chapter 432B.396.<br />

The DCFS <strong>of</strong> <strong>Child</strong> <strong>and</strong> <strong>Family</strong> <strong>Services</strong> shall:<br />

1) Establish a panel comprised <strong>of</strong> volunteer members to evaluate the extent to which agencies which provide protective<br />

services are effectively discharging their responsibilities for the protection <strong>of</strong> children.<br />

Nevada APSR – SFY 2010<br />

Page 89 <strong>of</strong> 108

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