Nevada § 433.639 - Child abuse and neglect screening; termination upon receipt of substantiated report; opportunity to correct information; review; regulations; civil penalties

§ 433.639. Child abuse and neglect screening; termination upon receipt of substantiated report; opportunity to correct information; review; regulations; civil penalties

1. Not later than 3 days after employing a person to provide or supervise the provision

of peer recovery support services in a position where the person has regular and substantial

contact with minors or retaining a person as an independent contractor to provide

or supervise the provision of peer recovery support services in such a position and

every 5 years thereafter, an employer, or person or entity who retained the independent

contractor, shall: (a) Obtain from the employee or independent contractor written authorization for the

release of any information that may be available from the Statewide Central Registry

for the Collection of Information Concerning the Abuse or Neglect of a Child established

pursuant to NRS 432.100 ; and (b) Complete a child abuse and neglect screening through the Central Registry to determine

whether there has been a substantiated report of child abuse or neglect or a violation

of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against the person. 2. Except as otherwise provided in any regulations adopted pursuant to subsection

4, upon receiving information pursuant to subsection 1 from the Central Registry or

from any other source that an employee or independent contractor described in subsection

1 has, within the immediately preceding 5 years, had a substantiated report of child

abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against him or her, the employer or person or entity who retained the independent

contractor shall terminate the employment or contract of the employee or independent

contractor, as applicable, after allowing the employee or independent contractor time

to correct the information as required pursuant to subsection 3. 3. If an employee or independent contractor described in subsection 1 believes that

the information provided to the employer or person or entity who retained the independent

contractor pursuant to subsection 2 is incorrect, the employee or independent contractor

must inform the employer, person or entity immediately. The employer, person or entity shall give any such employee or independent contractor

30 days to correct the information. 4. The Division, in consultation with each agency which provides child welfare services,

may establish by regulation a process by which it may review evidence upon request

to determine whether an employee or independent contractor described in subsection

1 who has, within the immediately preceding 5 years, had a substantiated report of

child abuse or neglect or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against him or her may continue to provide or supervise the provision of peer

recovery support services and have regular and substantial contact with minors despite

the report. Any such review must be conducted in a manner which does not discriminate against

a person in violation of 42 U.S.C. §§ 2000e et seq. 5. If a process for review is established pursuant to subsection 4, an employee or

independent contractor described in subsection 1 may request such a review in the

manner established by the Division. Any determination made by the Division is final for purposes of judicial review. 6. During any period in which an employee or independent contractor seeks to correct

information pursuant to subsection 3 or requests a review of information pursuant

to subsection 5, it is within the discretion of the employer or person or entity who

retained the independent contractor whether to allow the employee or independent contractor

to continue to work for the employer, person or entity, as applicable, except that

the employee or independent contractor shall not have regular and substantial contact

with minors without supervision during such a period. 7. The Division shall adopt regulations to establish civil penalties to be imposed

against any person or entity that fails to comply with the requirements of this section. 8. As used in this section, “ agency which provides child welfare services ” has the meaning ascribed to it in NRS 424.011 .