Assembly Bill No. 356

Assembly Bill No. 356-Assemblymen Humke, Evans, Von Tobel, Manendo, Anderson, Marvel, Freeman, Carpenter, Hickey, Gustavson, Mortenson, Ohrenschall, Segerblom, Lee, Neighbors, de Braga, Berman, Williams, Perkins, Arberry, Amodei, Sandoval, Cegavske, Giunchigliani, Goldwater, Herrera, Parks, Lambert, Bache, Braunlin, Close, Hettrick, Ernaut, Koivisto, Nolan, Krenzer, Dini, Tiffany, Price, Chowning and Collins

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AN ACT relating to children; revising provisions governing the protection of children from abuse or neglect; requiring an immediate investigation of a report of abuse or neglect under certain circumstances; authorizing the release of information concerning such a report or an investigation to certain persons; prohibiting such persons from making public any such information obtained; providing a penalty; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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;
5. Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide protective services enter into agreements to provide services to children and families;
6. The management and assessment of reported cases of abuse or neglect;
[6.] 7. The protection of the legal rights of parents and children;
[7.] 8. Emergency shelter for a child;
[8.] 9. The prevention, identification and correction of abuse or neglect of a child in residential institutions;
[9.] 10. Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;
[10.] 11. 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.] 12. 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, initiate an investigation.] A law enforcement agency shall promptly notify an agency which provides protective services of any report it receives.
2. Upon 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 immediately initiate an investigation if the report indicates that:
(a) The child is 5 years of age or younger;
(b) There is a high risk of serious harm to the child; or
(c) The child is dead, is seriously injured or has visible signs of physical abuse.
3. Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides protective services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:
(a) The child is not in imminent danger of harm;
(b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens his immediate health or safety; or
(c) The alleged abuse or neglect could be eliminated if the child and his family receive or participate in social or health services offered in the community, or both.
4. If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.
5. If the agency determines that an investigation is not warranted, the agency may, as appropriate:
(a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person that has entered into an agreement with the agency to provide those services; or
(b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person that has entered into a written agreement with the agency to make such an assessment.
6. If an agency which provides protective services enters into an agreement with a person to provide services to a child or his family pursuant to subsection 5, the agency shall require the person to notify the agency if the child or his family refuse or fail to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.
7. An agency which provides protective services that determines that an investigation is not warranted may, at any time, reverse that determination and initiate an investigation.
8. An agency which provides protective services and a law enforcement agency shall cooperate in the 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] Except as otherwise provided in subsection 2, 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, without limitation, 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 welfare of the child;
(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 guardian ad litem of the child;
(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;
[(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; [or
(o)] (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [.
2.] ; 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. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to 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:
(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and
(c) Such other information authorized for disclosure by a court pursuant to subsection 4.
3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 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.
4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.
5. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given access, pursuant to subsection 1 [,] or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.
[3.] 6. 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.260, 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.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. 5.5. Section 2 of Senate Bill No. 205 of this session is hereby amended to read as follows:

Sec. 2. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. [Data] Except as otherwise provided in subsection 2 or 5, 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, without limitation, 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 welfare of the child;

(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] A 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 guardian ad litem of the child;

(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;

(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;

(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

(o) An agency [which] that 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;

(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] that 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;

(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; 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. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to 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:

(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure of the information would adversely affect any pending investigation concerning the report.

4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

6. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

[6.] 7. The division of child and family services shall adopt regulations to carry out the provisions of this section.

Sec. 6. The division of child and family services of the department of human resources shall submit a report to the director of the legislative counsel bureau on or before March 1 of each odd-numbered year for distribution to each regular session of the legislature. The report must include, without limitation, the progress of the manner in which reports concerning the possible abuse or neglect of a child are investigated, evaluated and resolved by agencies which provide protective services.
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. The amendatory provisions of this act expire by limitation on June 30, 2001.
Sec. 10. This act becomes effective on July 1, 1997.
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