Assembly Bill No. 142-Assemblymen Nolan, Herrera, Buckley, Segerblom, Manendo, Sandoval, Koivisto and Collins
February 5, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Makes various changes concerning protection of children from molestation committed by volunteers of certain employers. (BDR 14-86)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to sexual offenses; requiring certain employers whose volunteers regularly render services to children to adopt certain policies and procedures and to establish certain informational programs for volunteers and children related to the prevention of the molestation of children; requiring certain parents and guardians to read such policies and procedures to their children as a condition to participation by the child in certain activities of the employer; requiring the administrator of the division of child and family services of the department of human resources to establish a program to support the effort to protect children from child molesters; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employer that is a nonprofit organization or a governmental agency other than a county school district and whose volunteers regularly render services to children shall:
(a) Adopt and enforce policies and procedures that:
(1) Prohibit a volunteer from being in a secluded environment with a child unless another adult reasonably has immediate and free access to the secluded environment; and
(2) Require each volunteer to read the policies and procedures and sign a form stating that he has read and understands them before beginning volunteer service for the employer;
(b) Establish an informational program for volunteers that:
(1) Is designed to familiarize each volunteer with the generally applicable policies and procedures;
(2) Sets forth specific behaviors that are, in relation to the specific activities that the volunteers will be engaging in with children, acceptable and unacceptable;
(3) Informs each volunteer that the children have been trained to recognize molestation and attempted molestation and report it; and
(4) Teaches each volunteer to recognize common strategies and situations used by molesters that can lead to attempted molestation;
(c) Establish an informational program for each child who desires to participate in regularly scheduled activities of the employer that is designed to be administered by the parent or guardian of the child to teach the child to:
(1) Recognize common strategies and situations used by molesters that can lead to molestation or attempted molestation;
(2) Resist attempts of child molesters; and
(3) Report persons who attempt molestation to the parent or guardian of a child or to another trusted adult; and
(d) Require, as a condition of participation by the child in the activities of the employer, that the parent or guardian of the child receive a copy of the policies and procedures and sign a form prepared by the employer affirming that the parent or guardian has read the policies and procedures and has discussed them with the child.
2. An employer may seek assistance concerning the duties imposed by this section from the division of child and family services of the department of human services pursuant to section 3 of this act.
3. As used in this section, "volunteer" means a person who renders time and services to an employer without compensation and whose course of duties regularly places that person in a position to:
(a) Exercise supervisory or disciplinary control over children; or
(b) Have direct access to or contact with children served by the employer.
Sec. 2 NRS 179A.180 is hereby amended to read as follows:
179A.180 As used in NRS 179A.190 to 179A.240, inclusive, and section 1 of this act, unless the context otherwise requires:
1. "Employee" means a person who renders time and services to an employer [,] and whose regular course of duties places that person in a position to:
(a) Exercise supervisory or disciplinary control over children;
(b) Have direct access to or contact with children served by the employer; or
(c) Have access to information or records maintained by the employer relating to identifiable children served by the employer,
and includes a prospective employee, but does not include a volunteer or prospective volunteer.
2. "Employer" means a person, or a governmental agency or political subdivision of this state that is not an agency of criminal justice, whose employees regularly render services to children, including , without limitation , care, treatment, transportation, instruction, companionship, entertainment and custody.
Sec. 3 Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall, by regulation, establish a program to support the effort of the State of Nevada to protect children from child molesters as set forth in section 1 of this act. The program may include, without limitation, the development of:
(a) Sample documents and language for use by employers who are developing forms, policies and procedures, or other documents in accordance with section 1 of this act; and
(b) A uniform system of identifying persons who have participated in an informational program for volunteers that is sufficient to meet the requirements of paragraph (b) of subsection 1 of section 1 of this act.
2. The administrator may take such other actions as he deems appropriate to increase public awareness of the issue of protecting children from child molesters.