Section 433.Sec. 5-2 - NEW1. 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.Nev. Admin. Code § 433.Sec. 5-2
Added to NAC by Div. of Men. Health & Dev. Services by R093-22A, eff. 12/29/2022NRS 433.324, 433.631, 433.639