In 2024, there were over 3,800 children in foster care in Nevada, with only around 1,500 foster home licenses issued, illustrating a shortage of foster parents in the state. However, Nevada is taking steps to address this issue.
Nevada Governor Joe Lombardo signed bill AB107 into law, allowing those with low-level marijuana convictions to be eligible to foster parent, or to work or reside at a foster home.
The bill, which was sponsored by Assemblymembers Tracy Brown-May, Cecelia González, and Ken Gray, passed the Assembly unanimously and was approved by the Senate with a 19-2 vote. This bipartisan measure took effect upon passage.
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Despite Nevada legalizing marijuana for adult use, possession, and sale in 2016, state law prohibits adults with any federal or state conviction relating to controlled substances or drugs from fostering children or being present in a foster home. Until now, state officials could also disqualify, suspend, or revoke a foster care license if a mandatory background check, which must be conducted every five years, showed a prior record with any convictions relating to marijuana, including possession, distribution, or use.
This new legislation amends prior Nevada law to include an exemption for those convicted of low-level state or local marijuana possession convictions to become foster parents or to be present in a foster home, conditional on whether the conviction did not occur within the preceding five years.
These exempted low-level offenses include possession of marijuana not for the purpose of sale, or any other offense that is of a similar nature. Other drug-related convictions, like selling or using marijuana, are not included in the exemption.
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“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,” said Ashley Kennedy, a lobbyist for Clark County who requested this bill, to lawmakers.
Nevada is not the only state with a shortage of available foster parents. More than half of all U.S. states saw a significant decline in licensed foster homes, with some as high as a 61 percent decrease. While it is unclear if other states will follow in Nevada’s footsteps, advocates for foster children across the nation may need to fight for similar exemptions due to this need within the foster care system.