Referred to Concurrent Committees on Judiciary
and Ways and Means
SUMMARY--Revises provisions governing protection of children from abuse or neglect. (BDR 38-783)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to children; revising provisions governing the protection of children from abuse or neglect; expanding the list of persons to whom may be made available information concerning certain reports and investigations relating to such abuse or neglect; prohibiting such persons from making such information public; providing a penalty; 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 NRS 432B.190 is hereby amended to read as follows:
432B.190The division of child and family services shall adopt regulations establishing reasonable and uniform standards for:
1. Protective services provided in this state;
2. Programs for the prevention of abuse or neglect of a child;
3. The development of local councils involving public and private organizations;
4. Reports of abuse or neglect, records of these reports and the response to these reports [;] , including, but not limited to, such regulations as are necessary to carry out the provisions of NRS 432B.320;
5. The management and assessment of reported cases of abuse or neglect;
6. The protection of the legal rights of parents and children;
7. Emergency shelter for a child;
8. The prevention, identification and correction of abuse or neglect of a child in residential institutions;
9. Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;
10. Developing and distributing to persons who are responsible for a child's welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and
11. Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.
Sec. 2 NRS 432B.260 is hereby amended to read as follows:
432B.2601. Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides protective services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any, and [, within 3 working days,] shall immediately evaluate the report to determine whether the risk to the health or safety of the child warrants an investigation. Upon determining that an investigation is warranted, the agency which provides protective services or the law enforcement agency shall initiate an investigation [.] not later than 3 days after the date on which the evaluation is completed. A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.
2. An agency which provides protective services and a law enforcement agency shall cooperate in the evaluation and investigation, if any, of a report of abuse or neglect of a child.
Sec. 3 NRS 432B.290 is hereby amended to read as follows:
432B.2901. Data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;
(c) An agency, including an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the child's welfare;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;
(g) The child's guardian ad litem;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;
(k) A team organized for the protection of a child pursuant to NRS 432B.350;
[(k)] (l) A team organized pursuant to NRS 432B.405 to review the death of a child;
(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
[(l)] (n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
[(m)] (o) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; [or
(n)] (p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized [,] by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect [.
2.] ;
(q) Except as otherwise provided in this section, any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:
(1) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(2) Whether an investigation has been initiated pursuant to NRS 432B.260; and
(3) Such other information authorized for disclosure by a court pursuant to subsection 3; or
(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.
2. An agency which provides protective services shall not disclose data or information pursuant to paragraph (q) of subsection 1 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.
3. Upon petition by an agency which provides protective services, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to paragraph (q) of subsection 1 if good cause is shown by the petitioning agency for the disclosure of the additional information.
4. Any person, except for the subject of a report or a district attorney or other law enforcement officer initiating legal proceedings, who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
[3.] 5. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 4 NRS 432B.300 is hereby amended to read as follows:
432B.300 [Each] Except as otherwise provided in NRS 432B.320, an agency which provides protective services shall investigate each report of abuse or neglect received or referred to it to determine:
1. The composition of the family, household or facility, including the name, address, age, sex and race of each child named in the report, any siblings or other children in the same place or under the care of the same person, the persons responsible for the children's welfare and any other adult living or working in the same household or facility;
2. Whether there is reasonable cause to believe any child is abused or neglected or threatened with abuse or neglect, the nature and extent of existing or previous injuries, abuse or neglect and any evidence thereof, and the person apparently responsible;
3. If there is reasonable cause to believe that a child is abused or neglected, the immediate and long-term risk to the child if he remains in the same environment; and
4. The treatment and services which appear necessary to help prevent further abuse or neglect and to improve his environment and the ability of the person responsible for the child's welfare to care adequately for him.
Sec. 5 NRS 432B.320 is hereby amended to read as follows:
432B.3201. [An] Pursuant to its evaluation of a report concerning the possible abuse or neglect of a child conducted pursuant to NRS 432B.260, an agency which provides protective services may [waive] determine that a full investigation of [a] the report of abuse or neglect [of a child made by another agency or a person] is not warranted if, after assessing the circumstances [, it is satisfied that:
(a) The person or other agency who made the report can provide services to meet the needs of the child and the family, and this person or agency agrees to do so; and
(b) The person or other agency agrees in writing to report periodically on the child and to report immediately any threat or harm to the child's welfare.
2. The] :
(a) The agency determines that:
(1) The health or safety of the child is not in imminent danger or harm;
(2) The child does not have any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety; and
(3) The alleged abuse or neglect will be remediated if the child and his family receive or participate in community social or health services, or both; or
(b) The agency determines that, because the risk to the health or safety of the child is minimal, the appropriate response to the report is to:
(1) Provide counseling, training or other services relating to child abuse and neglect to the family, or refer the family to a person or organization that has entered into an agreement with the agency to provide those services; or
(2) Make an assessment of the family to determine the services, if any, needed by the family and, if appropriate, provide those services to the child and his family, or refer the family to a person or organization that has entered into a written agreement with the agency to make such an assessment.
2. If an agency which provides protective services determines that a person or organization other than the agency should provide services to the child and his family pursuant to subsection 1, the agency shall [supervise] monitor, for a reasonable period , the services provided by the person or [other agency pursuant to subsection 1.] organization.
3. An agency which provides protective services that determines pursuant to subsection 1 that a full investigation is not warranted may, at any time, reverse that determination and initiate a full investigation.
Sec. 6 NRS 432B.510 is hereby amended to read as follows:
432B.5101. A petition alleging that a child is in need of protection may be signed only by:
(a) A representative of an agency which provides protective services;
(b) A law enforcement officer or probation officer; or
(c) The district attorney.
2. The district attorney shall countersign every petition alleging need of protection, and shall represent the [petitioner] interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the attorney general. If the attorney general determines that a petition should be filed, he shall countersign the petition and shall represent the [petitioner] interests of the public in all subsequent proceedings.
3. Every petition must be entitled, "In the Matter of ................, a child," and must be verified by the person who signs it.
4. Every petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410;
(b) The name, date of birth and address of the residence of the child;
(c) The names and addresses of the residences of his parents and any other person responsible for the child's welfare, and spouse if any. If his parents or other person responsible for his welfare do not reside in this state or cannot be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court; and
(d) Whether the child is in protective custody, and if so, the agency responsible for placing the child in protective custody and the reasons therefor.
5. When any of the facts required by subsection 4 are not known, the petition must so state.
Sec. 7 The amendatory provisions of section 3 of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 8 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 9 This act becomes effective on July 1, 1997.