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Bill would narrow background‑check disqualifiers for foster home applicants with old marijuana possession convictions
Summary
AB 107 would prevent many nonviolent marijuana possession convictions older than five years from automatically disqualifying foster home applicants, aiming to expand the pool of licensed foster families; sponsors said federal compliance was added in the first reprint and counties still must perform full licensing checks.
Assemblywoman Tracy Brown presented Assembly Bill 107 to the Senate Committee on Health and Human Services, saying the bill narrows the list of controlled‑substance offenses that automatically disqualify foster home applicants, licensees, employees and adult residents.
"We are excited to be here to present Assembly Bill 107," Brown said, adding the measure exempts offenses that were decriminalized under Nevada law and possession of marijuana not intended for sale. Ashley Kennedy of Clark County explained the change addresses a local shortage of foster homes: "In Clark County alone, we have over 3,000 children in foster care on any given day, yet fewer than 900 licensed homes," she said.
Under the bill as amended in the Assembly, a possession charge or conviction for marijuana without intent to sell that is at least five years old would no longer be an automatic disqualifier for starting the foster licensing process. The sponsor and county officials emphasized the bill does not remove licensing requirements: applicants remain subject to fingerprinting, background investigations, training, home inspections and home studies. Tracy Brown said the bill removes only the immediate, automatic disqualification and does not shield applicants from later review if new concerns arise.
Clark County staff and licensing managers told the committee the change would affect a modest number of applicants annually but could have outsized effects on capacity because families typically take in more than one child. Ashley Kennedy said the county sees roughly 10 prospective families a year who are prevented from completing the licensing process solely because of an old marijuana conviction. Jennifer Erbs, manager at Clark County Family Services, said that figure is based on cases that moved far enough in the process for the disqualifier to be detected.
Senator Titus questioned whether the bill could allow applicants who later commit marijuana‑related crimes while licensed to remain licensed; the sponsor replied that the bill does not abrogate ongoing criminal accountability and that licensed families remain subject to removal or other action if they commit disqualifying offenses.
The Assembly made an amendment to ensure compliance with the Social Security Act and federal funding requirements, the county representative said. No witnesses testified in opposition or neutral at the hearing.
If enacted, AB 107 would narrow one category of automatic disqualification—older, nonviolent marijuana possession cases—while leaving intact other licensing safeguards and federal compliance obligations.
