Nev. Admin. Code § 432A.Sec. 13

Current through June 11, 2024
Section 432A.Sec. 13 - NEW
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 of a deficiency must be the actual or potential harm to children.
3. A severity score of one must be assigned to a deficiency if:
(a) The deficiency concerns a violation of only requirements promulgated primarily for administrative purposes; and
(b) No harm to a child has resulted or is likely to result from the deficiency.
4. A severity score of two must be assigned to a deficiency if the deficiency:
(a) Indirectly threatens the health, safety, rights, security, welfare or well-being of a child; and
(b) Is likely to cause harm to one or more children or is a violation of one or more children's rights over time.
5. A severity score of three must be assigned to a deficiency if:
(a) The deficiency creates a condition or incident in the operation or maintenance of a facility that directly or indirectly threatens the health, safety, rights, security, welfare or well-being of one or more children; and
(b) A negative impact on the health, safety, rights, security, welfare or well-being of one or more children has occurred or can be predicted with substantial probability to occur or the well-being of a child has been or is about to be compromised and requires intervention and correction of the deficiency.
6. A facility must be presumed to have a deficiency with a severity score of three if the facility:
(a) Violates a prohibition on accepting additional children imposed pursuant to section 19 of this regulation;
(b) Violates a limitation on the number of children to whom a facility may provide care imposed pursuant to section 17 of this regulation; or
(c) Fails to implement a directed plan of correction imposed pursuant to subsection 3 of section 16 of this regulation.
7. A severity score of four must be assigned if a deficiency has resulted in, or there is a substantial probability that the deficiency will result in, death or serious harm to a child. As used in this subsection, "serious harm" means serious mental harm, serious impairment of bodily functions, serious dysfunction of any bodily organ or part, life-threatening harm or death.

Nev. Admin. Code § 432A.Sec. 13

Added to NAC by Bd. for Child Care by R135-18A, eff. 8/26/2020
NRS 432A.077, 432A.188