Nevada Lawmakers Weigh Bill To Stop Disqualifying Foster Parents’ Eligibility Over Marijuana

“Not only do these kids have to be taken away from their parents, they have to be taken away from their communities sometimes, and put in other counties and other schools.”

By April Corbin Girnus, Nevada Current

Clark County is making the case that Nevadans with non-violent marijuana convictions should not be automatically disqualified from becoming foster parents.

“Over the years we have lost qualified, caring individuals due to former criminal records, particularly from marijuana convictions related to possession that were over 20 years old or longer,” Ashley Kennedy, a lobbyist for Clark County, told state lawmakers. Such convictions “no longer align with Nevada’s current laws.”

Assembly Bill 107, which the county requested, would change that. It would allow people convicted of marijuana possession for amounts that are currently legal to become foster parents. It would also remove the automatic ban on fostering for anyone with a marijuana-related conviction more than 5 years old and not related to selling.

Currently, any conviction for possession, distribution or use of any controlled substance automatically disqualifies you from becoming a foster parent.

AB107 would not change other licensing requirements for foster parents, which include training, background checks, home inspections and home studies. The bill, sponsored by Las Vegas Democratic Assemblymember Tracy Brown-May, received unanimous support from the Assembly and was heard by a Senate committee last week.

Kennedy said Clark County does not have formal data on the number of people who have been turned away by its family services department for having prior marijuana convictions, but anecdotally they believe it to be “at least 10 families a year.”

She added that, while 10 may appear to be a small number, most foster care homes take in more than one child per year, meaning the impact is “significantly larger.” Many foster homes also take in multiple kids at the same time, child advocates noted.

The need for more foster care homes is great in Clark County and Nevada.

“In Clark County alone, we have over 3,000 children in foster care on any given day but fewer than 900 licensed foster homes,” said Kennedy.

Republican Assemblymember Ken Gray, who signed on as a cosponsor of the bill, said it could be a “game changer.” He added that Lyon County currently only has seven foster families.

“We have so few beds,” he said. “Not only do these kids have to be taken away from their parents, they have to be taken away from their communities sometimes, and put in other counties and other schools. You’re adding more damage on top of damage that’s already been done.”

He added, “Even one or two homes in each county is going to make a significant difference.”

This story was first published by Nevada Current.

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Photo courtesy of Chris Wallis // Side Pocket Images.