179A.310 - Creation; administration; purpose; regulations; failure to apply for grant or request background investigation is not evidence of negligence or causation.
179A.310 Creation; administration; purpose; regulations; failure to apply for grant or request background investigation is not evidence of negligence or causation.
1. The Revolving Account to Investigate the Background of Volunteers Who Work With Children is hereby created in the State General Fund.
2. The Director of the Department shall administer the Account to Investigate the Background of Volunteers Who Work With Children. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies to determine whether a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children has committed an offense listed in subsection 4 of NRS 179A.190. The existence of the Account to Investigate the Background of Volunteers Who Work With Children does not create a right in any person to receive money from the Account.
3. The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account to Investigate the Background of Volunteers Who Work With Children.
4. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
5. The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:
(a) The procedure by which a person may apply for a grant of money from the Account to Investigate the Background of Volunteers Who Work With Children;
(b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and
(c) Procedures to distribute the money in the Account in a fair and equitable manner.
6. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:
(a) The fact that the nonprofit agency did not apply for a grant of money from the Account.
(b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed an offense listed in subsection 4 of NRS 179A.190.
(Added to NRS by 1999, 2054; A 2003, 2844)