Family loses foster care license after gun incident

A former foster family is at odds with the Clark County Department of Family Services over guns.

Family Services revoked the family's foster parent license in July, but the family is appealing the decision and has retained an attorney.

The family says it lost its license because of an incident where members acted in self-defense after their neighbors threatened to kill them. At least one of the reasons for terminating the license also is based on an obsolete state code running counter to new law.

Kristi and Rod Beber had been licensed foster parents since Oct. 19, 2010. The couple says it had a clean record with the child welfare system.

In a July 29 letter obtained by the Las Vegas Review-Journal, Family Services gave three reasons for such action: noncompliance with general requirements, non-compliance with duties of a foster home and non-compliance with weapons and ammunition.

The letter followed an April 3 incident when the family's intoxicated neighbors showed up to their home, threatening to cut Rod Beber and his family into pieces. The neighbors confronted the Bebers because they had called animal control and reported them, according to Metro's incident report.

Clark County officials declined to comment on case specifics.

Rod Beber, who has a concealed carry permit, wore a gun on his right hip the day of the incident, according to the incident report.

People "do concealed carry because they are there to protect their family and their property," said Irene Clements, executive director for the National Foster Parent Association.

Family Services claims the foster father did not exercise sound judgment and decision-making during the dispute. The letter states that in one of Metro's dispatch recordings, Rod Beber could be heard stating he "drew on them, they came through the gate" and that he "kept them at bay with mine."

Metro's incident report states that a reporting party could hear a woman saying a man had a gun pointed at her, but the reporting person couldn't see them.

Rod Beber said he didn't point the gun at his neighbors. He said as a concealed carry permit holder, he's received appropriate training.

"A lot of discretion was made on my part on what to do," he said.

His wife maintains he only lifted his shirt up so the neighbors could see he had a gun.

"Who wouldn't protect their family?" she asked. "We've come to the conclusion that (Family Services) wanted to close our license and make an example out of a foster family for using guns, and we got caught in the middle of their hatred of gun owners."

Family Services claims that Rod Beber had a loaded firearm out on the day of the April dispute and that on May 1, he reported "putting a loaded gun in the TV room safe and locked it." He separated the gun and the ammunition the next day in the morning.

"Mr. Beber was not compliant with NAC 424.600 in that he had a loaded firearm in his home while foster children were in the home and he left it loaded overnight," the letter states.

Family Services wouldn't explain why it's referencing a state code that's in accordance to an old law that required "all weapons on the premises of a foster home to be unstrung and unloaded at all times when children are in the home and stored in locked containers."

A new law that went into effect June 10 allows a person who holds a permit to posses a weapon, loaded or unloaded, in the premises of a family foster home. That person also may carry a firearm on his person while in the presence of a foster child.

If the person is not carrying the weapon on his person, the firearm must be locked in secure storage, except when used for a lawful purpose, which may include "for the defense of a person or property."

Family Services was asked to clarify whether it was relying on an old law since the actual incident took place before the new law took effect. The revocation letter was issued more than a month after the new law was enacted.

County officials said by law they are not allowed to discuss specifics related to a current or former foster parent.

"We are fortunate to have many great foster parents who provide loving and safe homes for the children who enter into our care," Clark County spokesman Dan Kulin said in a statement. "Obviously, the safety of these children is a top priority for us and we will continue to take whatever action is necessary to make sure the children are safe."

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-477-3843. Find her on Twitter: @YeseniaAmaro.