Nev. Admin. Code § 433.Sec. 5-2 - NEW
1. An employee or independent contractor who
provides or supervises the provision of peer recovery support services in a
position where he or she has regular and substantial contact with minors and
has, within the immediately preceding 5 years, had a substantiated report of
child abuse or neglect or a violation of
NRS
201.540,
201.560,
392.4633 or
394.366 made against him or her
may petition the Division for authorization to provide or supervise the
provision of peer recovery support services in a position where he or she has
regular and substantial contact with minors despite the report.
2. A petition submitted pursuant to
subsection 1 must be:
(a) In the form
prescribed by the Division and include:
(1)
The name of the petitioner;
(2) The
social security number of the petitioner or, if the petitioner has not been
assigned a social security number, the taxpayer identification number of the
petitioner;
(3) The consent of the
petitioner for the Division to:
(I) Interview
the petitioner or any other person or entity whom the Division determines may
have information relevant to the petition, including, without limitation,
current and prior employers and family members of the petitioner; and
(II) Obtain any information that the Division
determines necessary to evaluate the petition;
and
(b)
Accompanied by a copy of the substantiated report of child abuse or neglect or
the violation of NRS
201.540,
201.560,
392.4633 or
394.366, as
applicable.
3. A
petitioner pursuant to this section shall provide to the Division any
documentation requested by the Division for the purpose of evaluating the
petition.
4. When evaluating a
petition submitted pursuant to this section, the Division shall consider:
(a) The amount of time that has passed since
the most recent substantiated report of child abuse or neglect or the violation
of NRS
201.540,
201.560,
392.4633 or
394.366 by the
petitioner;
(b) The number of
substantiated reports of child abuse or neglect or violations of
NRS
201.540,
201.560,
392.4633 or
394.366 by the
petitioner;
(c) Demonstration of
rehabilitation of the petitioner;
(d) Relevance of the reported child abuse or
neglect or the violation of
NRS
201.540,
201.560,
392.4633 or
394.366 to the employment or
contracted position of the petitioner;
(e) Whether the employer of the petitioner or
the person with whom the petitioner has entered into a contract for the
provision or supervision of the provision of peer recovery support services is
aware of the reported child abuse or neglect or the violation of
NRS
201.540,
201.560,
392.4633 or
394.366;
(f) Whether the person is required by federal
or state law to register as a sex offender; and
(g) Any relevant extenuating
circumstances.
5. Not
later than 90 days after the date on which the Division receives a petition
submitted pursuant to this section, the Division shall issue and provide to the
petitioner a written decision concerning whether the petitioner may provide or
supervise the provision of peer recovery support services in a position where
the person has regular and substantial contact with minors.
6. The Division may rescind a written
decision issued pursuant to subsection 5 at any time.
7. Not sooner than 2 years after the date on
which the Division issues a written decision pursuant to subsection 5
prohibiting a person from providing or supervising the provision of peer
recovery support services in a position where the person has regular and
substantial contact with minors, the petitioner may submit a new petition
pursuant to this section.
8. A
petition submitted pursuant to this section and all information included in or
accompanying such a petition is confidential. A final written decision issued
pursuant to subsection 5 is a public record.
Notes
NRS 433.324, 433.631, 433.639
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