Revises provisions relating to foster care. (BDR 38-339)

2025 Regular Session

Exempts older marijuana possession convictions (over 5 years) from foster home background disqualifications, expanding the pool of eligible caregivers and residents.

Approved by the Governor. Chapter 105.

Purpose

AB 107 amends Nevada foster home background-check rules to narrow which controlled‑substance offenses must be considered when licensing or evaluating persons who operate, work in, live in, or regularly supervise children in foster homes. The change specifically exempts certain historical marijuana possession convictions from being a disqualifying offense.

Key provisions

Amends NRS 424.031 to exclude from required background‑check disqualifications:

A violation of NRS 453.336 (possession of marijuana not for the purpose of sale), or an equivalent offense in another jurisdiction, where the violation did not occur within the immediately preceding 5 years.

As a result, a person convicted of such an exempted marijuana possession offense may:

Operate a foster home,
Be employed by a foster home licensee,
Reside in or be present in a foster home.

All other existing background‑check requirements and disqualifying offenses remain unchanged, including violent felonies, sexual offenses, child abuse/neglect, fraud/theft within specified lookback periods, domestic violence, certain drug/alcohol offenses, and other enumerated crimes.

Licensing authorities continue to:

Obtain background information from law enforcement,
Charge reasonable investigation costs,
Prohibit unsupervised child contact prior to investigation completion (unless an FBI name‑based check has been done),
Reinvestigate licensees, employees, and adult residents at least once every 5 years.

Who is affected

Primary: applicants for foster home licenses, licensed foster‑home operators, employees of foster homes, adult (18+) residents of foster homes, and adults who routinely supervise foster children.

Secondary: foster children and the foster care system (by affecting the pool of eligible caregivers/staff).

Fiscal impact: fiscal notes in committee report indicate no effect on state or local government.

Procedural and timeline notes

Introduced January 8/21, 2025 (prefiled); moved through committees and both houses with amendments (First Reprint, Assembly Amendment No. 22).

Final enacted version uses a 5‑year lookback for marijuana possession and removes earlier draft language concerning decriminalized offenses.

Enrolled and delivered to the Governor May 27, 2025; approved by the Governor May 29, 2025. Became effective upon passage and approval (Chapter 105, 2025).

Potential impact

Lowers automatic disqualification for older marijuana possession convictions (beyond 5 years), potentially enlarging the pool of eligible foster‑home operators, staff, and adult residents.

Maintains safeguards by preserving disqualification for more serious and recent offenses and by keeping periodic rechecks and other protective licensing provisions.

Bill