Confidentiality of information relating to foster children; penalty for violation; disclosure of gender identity or expression or sexual orientation of foster child in limited circumstances.

1. A foster parent shall maintain such confidentiality as is required by state law regarding information relating to the foster children in his or her care and their families. The licensing authority may revoke or suspend the license to operate a foster home of a foster parent who violates this subsection. 2. The licensee shall ensure that: (a) The foster children in the care of that foster home are not identified by name or by clear description, or photographed for any publication or other printed, broadcast or social media or any Internet website without the permission of the licensing authority; and (b) Except as otherwise provided in subsection 3 or as otherwise required by state or federal law, the gender identity or expression or sexual orientation of a foster child in the care of that foster home is not disclosed without the consent of the foster child. 3. The gender identity or expression or sexual orientation of a foster child may be disclosed in limited circumstances, as recommended by a mental health professional, without the consent of the foster child if the licensing authority has determined, based on the recommendation of the mental health professional, that such a disclosure is in the best interest of the foster child and the disclosure is limited to the circumstances recommended by the mental health professional. 4. As used in this section, “mental health professional” means a person licensed in the State of Nevada as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor or clinical social worker.