Nevada Administrative Code

NAC 432A.917 Assignment and posting of grade issued to facility; assessment of deficiency for failure to comply. (NRS 432A.184) 1. After the Division conducts a survey or investigates a complaint, the Division will add the severity and scope scores for all deficiencies of the fac…

NAC 432A.918 Submission of plan of correction if facility assigned grade of “B”; application for resurvey for grade lower than “B”; revocation of license for failure to comply with requirements of resurvey. (NRS 432A.184, 439.150) 1. If the Division assigns to a facility a grade …

NAC 432A.919 Administrative sanction: Purpose. (NRS 432A.077, 432A.188) The purpose of any administrative sanction imposed by the Division pursuant to NAC 432A.908 to 432A.972, inclusive, must be to: 1. Safeguard the rights, interests and well-being of children receiving child ca…

NAC 432A.920 Imposition of administrative sanctions for deficiency based upon severity score. (NRS 432A.077, 432A.188) The Division: 1. Shall impose on a facility at least one administrative sanction for each deficiency identified by the Division in the facility with a severity s…

NAC 432A.922 Prior written notice not required for certain sanctions by Division. (NRS 432A.077, 432A.188) 1. If necessary to protect the health and safety of children served by a facility, the Division may impose such sanctions as are necessary without prior written notice to th…

NAC 432A.924 Identification of deficiency: Sanctions; notice. (NRS 432A.077, 432A.188) 1. The Division may impose one or more sanctions upon identifying a deficiency during a survey or an investigation of a complaint. 2. The Division shall provide notice to the applicable facilit…

NAC 432A.926 Determination of scope score of deficiency. (NRS 432A.077, 432A.188) 1. In determining the scope score of a deficiency, the Division must evaluate a representative sample of persons or cases, as applicable, during a survey. The sample must consist of at least: Number…

NAC 432A.928 Scope scale for determining scope score of deficiency. (NRS 432A.077, 432A.188) 1. The scope scale prescribed in this section must be used to determine the scope score of a deficiency in or by a facility. 2. The basis for determining the scope score of a deficiency i…

NAC 432A.930 Severity scale for determining severity score of deficiency. (NRS 432A.077, 432A.188) 1. The severity scale prescribed in this section must be used in determining the severity score of a deficiency in or by a facility. 2. The basis for determining the severity score …

NAC 432A.932 Identical deficiency found on resurvey: Rebuttable presumption; imposition of sanction. (NRS 432A.077, 432A.188) If the same deficiency is found on a resurvey as was found on the initial survey, a rebuttable presumption exists that the deficiency continued during the…

NAC 432A.934 Secondary factors for determining imposition of sanction. (NRS 432A.077, 432A.188) 1. After initially determining the severity score and scope score of a deficiency pursuant to NAC 432A.928 and 432A.930, respectively, the Division shall consider the following seconda…

NAC 432A.936 Plan of correction for deficiency: Submission; contents; penalty; monitoring. (NRS 432A.077, 432A.188) 1. A facility shall develop a plan of correction for each deficiency and submit the plan to the Division for approval within 10 days after receiving from the Divisi…

NAC 432A.938 Limitation on number of children receiving care from facility. (NRS 432A.077, 432A.188) 1. The Division may limit the number of children to whom a facility may provide care to safeguard the health, safety and well-being of children currently receiving care or service…

NAC 432A.940 Posting of notice of the limitation on number of children receiving care from facility. (NRS 432A.077, 432A.188) 1. If the Division limits the number of children to whom a facility may provide care pursuant to NAC 432A.938, the facility must post a notice of the limi…

NAC 432A.942 Certain prohibitions on acceptance of additional children. (NRS 432A.077, 432A.188) 1. The Division may prohibit a facility from accepting additional children to safeguard the health, safety and well-being of children receiving care or services and to prevent the adm…

NAC 432A.944 Posting of notice of the prohibition on acceptance of additional children. (NRS 432A.077, 432A.188) 1. If the Division prohibits a facility from accepting additional children pursuant to NAC 432A.942, the facility must post a notice of the prohibition at all public e…

NAC 432A.946 Purpose; imposition; amount; daily penalties; interest. (NRS 432A.077, 432A.188) 1. The purpose of a monetary penalty is to protect the health, safety, rights, welfare and well-being of children and the property of children in facilities and to deter future deficienc…

NAC 432A.948 Initial imposition pending hearing or appeal. (NRS 432A.077, 432A.188) 1. An initial monetary penalty may only be imposed pending a hearing or appeal unless the facility upon which the penalty was imposed waives the right to a hearing or appeal. The payment of the in…

NAC 432A.950 Determination of amount of initial imposition. (NRS 432A.077, 432A.188) 1. In determining the amount of an initial monetary penalty, the Division must consider only the severity of the deficiency only if the severity score is four. In determining the amount of a mone…

NAC 432A.952 Imposition after resurvey. (NRS 432A.077, 432A.188) 1. For each deficiency identified during a resurvey that is performed within 18 months after the deficiency was identified during the initial survey, the Division shall compute the monetary penalty at the rate of 1.…

NAC 432A.954 Reduction in amount. (NRS 432A.077, 432A.188) The Division may reduce a monetary penalty by 25 percent and must not charge interest if the facility upon which the monetary penalty is imposed: 1. Waives the right to a hearing; 2. Corrects each deficiency that was the …

NAC 432A.956 Daily monetary penalty: Date of imposition; conclusion; notice. (NRS 432A.077, 432A.188) 1. A daily monetary penalty must begin: (a) In the case of an immediate and serious threat, on the date on which the deficiency occurred; or (b) In any other case, on the date on…

NAC 432A.958 Daily monetary penalty: Termination; duration. (NRS 432A.077, 432A.188) 1. The Division must terminate the daily accrual of a monetary penalty if the facility demonstrates to the Division that it has made substantial improvements to correct each deficiency for which …

NAC 432A.960 Daily monetary penalty: Required payment; effect of appeal; assessment of interest; recovery of costs. (NRS 432A.077, 432A.188) 1. A facility must pay an initial monetary penalty not later than 15 days after notice of the penalty is provided by the Division even if a…

NAC 432A.962 Suspension of license for failure to pay. (NRS 432A.077, 432A.188) 1. If a facility fails to pay a monetary penalty, the Division may suspend the license of the facility. 2. The Division shall, in accordance with the requirements of NRS 432A.200 and NAC 432A.230 and …

NAC 432A.964 Notice to facility of appointment of temporary manager; denial, suspension or revocation of license under certain circumstances. (NRS 432A.077, 432A.188) 1. If the Division intends to appoint a temporary manager for a facility because a deficiency exists that the Div…

NAC 432A.966 Temporary manager: Qualifications; authority; facility required to pay costs and expenses. (NRS 432A.077, 432A.188) 1. A temporary manager appointed pursuant to NAC 432A.964 must: (a) Be qualified to operate the facility to which he or she is appointed to manage purs…

NAC 432A.968 Effect of failure to accept temporary manager or relinquish authority: Action to enjoin operation and denial, suspension or revocation of license. (NRS 432A.077, 432A.188) If a facility does not agree to the appointment of a temporary manager pursuant to NAC 432A.964…

NAC 432A.970 Termination; action to enjoin facility from operating with continued deficiencies. (NRS 432A.077, 432A.188) 1. The Division shall terminate the temporary management of a facility if the Division determines that: (a) The facility has achieved substantial compliance, a…

NAC 432A.972 Denial, suspension or revocation of license during emergency. (NRS 432A.077, 432A.188) In an emergency, the Division may deny, suspend or revoke the license of a facility. The Division may take such action only if the Division determines that other less severe measur…

NAC 432B.010 Definitions. (NRS 432B.190) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 432B.011 to 432B.017, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A by Div. of Child & Fam. …

NAC 432B.011 “Abuse or neglect of a child” defined. (NRS 432B.190) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020. (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

NAC 432B.012 “Administrator” defined. (NRS 432B.190) “Administrator” means the administrator of the division. (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

NAC 432B.013 “Agency which provides family assessment services” defined. (NRS 432B.190) “Agency which provides family assessment services” means an agency which has entered into a written agreement with an agency which provides child welfare services to: 1. Conduct an assessment …

NAC 432B.014 “Agency which provides child welfare services” defined. (NRS 432B.190) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030. (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

NAC 432B.015 “Child welfare services” defined. (NRS 432B.190) “Child welfare services” has the meaning ascribed to it in NRS 432B.044. (Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002)

NAC 432B.016 “Division” defined. (NRS 432B.190) “Division” means the Division of Child and Family Services of the Department of Health and Human Services. (Added to NAC by Div. of Child & Fam. Services by R221-97, eff. 6-5-98)

NAC 432B.017 “Foster care” defined. (NRS 432B.190) “Foster care” means any out-of-home placement of a child. The term includes: 1. The placement of a child into: (a) A family foster home, as that term is defined in NRS 424.013; (b) A group foster home, as that term is defined in …

NAC 432B.020 Abuse or neglect: “Nonaccidental” interpreted. For the purposes of NRS 432B.020, “nonaccidental” means arising from an event or effect that a person responsible for a child’s welfare could reasonably be expected to foresee, regardless of whether that person did not i…

NAC 432B.024 Physical injury: “Disfigurement” interpreted. (NRS 432B.090, 432B.190) As used in NRS 432B.090, the division interprets the term “disfigurement” to mean a mark, welt, abrasion, scar, bruise, condition or deformity that: 1. Damages or impairs the physical condition of…

NAC 432B.030 Evaluation of child welfare services in state; actions upon determination of noncompliance with certain provisions. (NRS 432B.180, 432B.190) 1. The evaluation required by subsection 6 of NRS 432B.180 must: (a) Include: (1) Audits of each agency which provides child w…

NAC 432B.040 Plans submitted pursuant to NRS 432B.395: Evaluation by division; action by agency upon disapproval. 1. The division will conduct an annual review of plans submitted pursuant to NRS 432B.395 in such a manner as to ensure compliance with the provisions of this chapter…

NAC 432B.050 Plans submitted pursuant to NRS 432B.395: Time for submission; contents. (NRS 432B.190, 432B.395) A plan submitted pursuant to NRS 432B.395 must be submitted by May 1 of each year and must: 1. Describe how the agency which provides child welfare services will establi…

NAC 432B.060 Cooperation with division to obtain federal money. (NRS 432.032, 432B.190) An agency which provides child welfare services shall cooperate with the division in such a manner as necessary for the state to obtain federal money for services and activities relating to ch…

NAC 432B.070 Organizational requirements. (NRS 432B.190) 1. An agency which provides child welfare services shall establish an organizational structure which ensures that there is a clearly defined and logical hierarchy of authority and responsibility for all matters associated w…

NAC 432B.080 Efforts to prevent abuse and neglect in community. An agency which provides child welfare services shall: 1. Participate in community programs to educate the public and promote awareness about programs regarding the abuse and neglect of children and services to preve…

NAC 432B.090 General requirements for staff. (NRS 432B.190) 1. All members of the staff of an agency which provides child welfare services must have demonstrated competence in their areas of responsibility, as measured by educational achievement, years of experience and other qua…