Assembly Bill No. 112–Committee on
Health and Human Services

 

(On Behalf of Legislative Committee on Children,
Youth and Families (NRS 218.53723))

 

February 13, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Requires examination by trained provider of health care of each child under age of 3 years who is reported as physically abused. (BDR 38‑692)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§ 2)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the protection of children; requiring each agency investigating a report of physical abuse of a child under the age of 3 years to ensure that a provider of health care trained to recognize physical abuse of children examines the child; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 432B.160 is hereby amended to read as

1-2  follows:

1-3  432B.160  1.  Except as otherwise provided in subsection 2,

1-4  immunity from civil or criminal liability extends to every person

1-5  who in good faith:

1-6  (a) Makes a report pursuant to NRS 432B.220;

1-7  (b) Conducts an interview or allows an interview to be taken

1-8  pursuant to NRS 432B.270;

2-1  (c) Allows or takes photographs or X rays pursuant to

2-2  NRS 432B.270;

2-3  (d) Causes a medical test to be performed pursuant to

2-4  NRS 432B.270;

2-5  (e) Examines or requires an examination of a child under the

2-6  age of 3 years pursuant to subsection 3 of NRS 432B.270;

2-7  (f) Provides a record, or a copy thereof, of a medical test or

2-8  examination performed pursuant to NRS 432B.270 to an agency

2-9  which provides child welfare services to the child, a law

2-10  enforcement agency that participated in the investigation of the

2-11  report of abuse or neglect of the child or the prosecuting attorney’s

2-12  office;

2-13      [(f)] (g) Holds a child pursuant to NRS 432B.400, takes

2-14  possession of a child pursuant to NRS 432B.630 or places a child in

2-15  protective custody pursuant to any provision of this chapter;

2-16      [(g)] (h) Performs any act pursuant to subsection 2 of

2-17  NRS 432B.630;

2-18      [(h)] (i) Refers a case or recommends the filing of a petition

2-19  pursuant to NRS 432B.380; or

2-20      [(i)] (j) Participates in a judicial proceeding resulting from a

2-21  referral or recommendation.

2-22      2.  The provisions of subsection 1 do not confer any immunity

2-23  from liability for the negligent performance of any act pursuant to

2-24  paragraph (b) of subsection 2 of NRS 432B.630.

2-25      3.  In any proceeding to impose liability against a person for:

2-26      (a) Making a report pursuant to NRS 432B.220; or

2-27      (b) Performing any act set forth in paragraphs (b) to [(i),] (j)

2-28  inclusive, of subsection 1,

2-29  there is a presumption that the person acted in good faith.

2-30      Sec. 2.  NRS 432B.270 is hereby amended to read as follows:

2-31      432B.270  1.  [A] Except as otherwise provided in subsection

2-32  3, a designee of an agency investigating a report of abuse or neglect

2-33  of a child may, without the consent of and outside the presence of

2-34  any person responsible for the child’s welfare, interview a child

2-35  concerning any possible abuse or neglect. The child may be

2-36  interviewed at any place where he is found. The designee shall,

2-37  immediately after the conclusion of the interview, if reasonably

2-38  possible, notify a person responsible for the child’s welfare that the

2-39  child was interviewed, unless the designee determines that such

2-40  notification would endanger the child.

2-41      2.  [A] Except as otherwise provided in subsection 3, a

2-42  designee of an agency investigating a report of abuse or neglect of a

2-43  child may, without the consent of the person responsible for

2-44  a child’s welfare:

3-1  (a) Take or cause to be taken photographs of the child’s body,

3-2  including the areas of trauma; and

3-3  (b) If indicated after consultation with a physician, cause X rays

3-4  or medical tests to be performed on a child.

3-5  3.  Each agency investigating a report of abuse or neglect of a

3-6  child under the age of 3 years which involves physical abuse of the

3-7  child shall ensure that the child is examined, with or without the

3-8  consent of the person responsible for the child’s welfare, by a

3-9  provider of health care who is trained to recognize indications of

3-10  physical abuse of children. In addition, a designee of an agency

3-11  investigating such a report may engage in any activity set forth in

3-12  subsection 1 or 2.

3-13      4.  Upon the taking of any photographs or X rays , or the

3-14  performance of any medical tests pursuant to subsection 2[,] or 3 or

3-15  the performance of an examination pursuant to subsection 3, the

3-16  person responsible for the child’s welfare must be notified

3-17  immediately, if reasonably possible, unless the designee or agency,

3-18  if the examination was performed pursuant to subsection 3, or the

3-19  photograph or X ray was taken or the medical test was performed

3-20  pursuant to an examination conducted pursuant to subsection 3,

3-21  determines that the notification would endanger the child. The

3-22  reasonable cost of these photographs, X rays , [or] medical tests or

3-23  examinations must be paid by the agency which provides child

3-24  welfare services if money is not otherwise available.

3-25      [4.] 5.  Any photographs or X rays taken or records of any

3-26  medical tests performed pursuant to subsection 2[,] or 3, or any

3-27  medical records relating to the examination or treatment of a child

3-28  pursuant to this section, or copies thereof, must be sent to the

3-29  agency which provides child welfare services, the law enforcement

3-30  agency participating in the investigation of the report and the

3-31  prosecuting attorney’s office. Each photograph, X ray, result of a

3-32  medical test or other medical record:

3-33      (a) Must be accompanied by a statement or certificate signed by

3-34  the custodian of medical records of the health care facility where the

3-35  photograph or X ray was taken or the treatment, examination or

3-36  medical test was performed, indicating:

3-37          (1) The name of the child;

3-38          (2) The name and address of the person who took the

3-39  photograph or X ray, performed the medical test, or examined or

3-40  treated the child; and

3-41          (3) The date on which the photograph or X ray was taken

3-42  or the treatment, examination or medical test was performed;

3-43      (b) Is admissible in any proceeding relating to the abuse or

3-44  neglect of the child; and

4-1  (c) May be given to the child’s parent or guardian if he pays the

4-2  cost of duplicating them.

4-3  [5.] 6.  As used in this section[, “medical] :

4-4  (a) “Medical test” means any test performed by or caused to be

4-5  performed by a provider of health care, including, without

4-6  limitation, a computerized axial tomography scan and magnetic

4-7  resonance imaging.

4-8  (b) “Physical abuse of a child” means, except as otherwise

4-9  provided in this paragraph, physical injury of a nonaccidental

4-10  nature of, sexual abuse of or sexual exploitation of a child caused

4-11  or allowed by a person responsible for his welfare under

4-12  circumstances which indicate that the child’s physical health is

4-13  harmed or threatened with harm. A child is not physically abused,

4-14  nor is his physical health harmed or threatened for the sole reason

4-15  that his:

4-16          (1) Parent delivers the child to a provider of emergency

4-17  services pursuant to NRS 432B.630, if the parent complies with

4-18  the requirements of paragraph (a) of subsection 3 of that section;

4-19  or

4-20          (2) Parent or guardian, in good faith, selects and depends

4-21  upon nonmedical remedial treatment for such child, if such

4-22  treatment is recognized and permitted under the laws of this state

4-23  in lieu of medical treatment. This subparagraph does not limit the

4-24  court in ensuring that a child receive a medical examination and

4-25  treatment pursuant to NRS 62.231.

4-26  As used in this paragraph, “allow” means to do nothing to prevent

4-27  or stop the physical abuse of a child in circumstances where the

4-28  person knows or has reason to know that a child is physically

4-29  abused.

4-30      Sec. 3.  NRS 432B.290 is hereby amended to read as follows:

4-31      432B.290  1.  Except as otherwise provided in subsections 2, 5

4-32  and 6 and NRS 432B.513, data or information concerning reports

4-33  and investigations thereof made pursuant to this chapter may be

4-34  made available only to:

4-35      (a) A physician, if the physician has before him a child who he

4-36  has reasonable cause to believe has been abused or neglected [;] , or

4-37  a provider of health care who is examining a child under the age

4-38  of 3 years pursuant to subsection 3 of NRS 432B.270 if the

4-39  provider of health care has reasonable cause to believe the child

4-40  has been physically abused;

4-41      (b) A person authorized to place a child in protective custody, if

4-42  the person has before him a child who he has reasonable cause to

4-43  believe has been abused or neglected and the person requires the

4-44  information to determine whether to place the child in protective

4-45  custody;

5-1  (c) An agency, including, without limitation, an agency in

5-2  another jurisdiction, responsible for or authorized to undertake the

5-3  care, treatment or supervision of:

5-4       (1) The child; or

5-5       (2) The person responsible for the welfare of the child;

5-6  (d) A district attorney or other law enforcement officer who

5-7  requires the information in connection with an investigation or

5-8  prosecution of the abuse or neglect of a child;

5-9  (e) A court, for in camera inspection only, unless the court

5-10  determines that public disclosure of the information is necessary for

5-11  the determination of an issue before it;

5-12      (f) A person engaged in bona fide research or an audit, but

5-13  information identifying the subjects of a report must not be made

5-14  available to him;

5-15      (g) The attorney and the guardian ad litem of the child;

5-16      (h) A grand jury upon its determination that access to these

5-17  records is necessary in the conduct of its official business;

5-18      (i) A federal, state or local governmental entity, or an agency of

5-19  such an entity, that needs access to the information to carry out its

5-20  legal responsibilities to protect children from abuse and neglect;

5-21      (j) A person or an organization that has entered into a written

5-22  agreement with an agency which provides child welfare services to

5-23  provide assessments or services and that has been trained to make

5-24  such assessments or provide such services;

5-25      (k) A team organized pursuant to NRS 432B.350 for the

5-26  protection of a child;

5-27      (l) A team organized pursuant to NRS 432B.405 to review the

5-28  death of a child;

5-29      (m) A parent or legal guardian of the child and an attorney of a

5-30  parent or guardian of the child, if the identity of the person

5-31  responsible for reporting the alleged abuse or neglect of the child to

5-32  a public agency is kept confidential;

5-33      (n) The persons who are the subject of a report;

5-34      (o) An agency that is authorized by law to license foster homes

5-35  or facilities for children or to investigate persons applying for

5-36  approval to adopt a child, if the agency has before it an application

5-37  for that license or is investigating an applicant to adopt a child;

5-38      (p) Upon written consent of the parent, any officer of this state

5-39  or a city or county thereof or Legislator authorized, by the agency or

5-40  department having jurisdiction or by the Legislature, acting within

5-41  its jurisdiction, to investigate the activities or programs of an agency

5-42  which provides child welfare services if:

5-43          (1) The identity of the person making the report is kept

5-44  confidential; and

6-1       (2) The officer, Legislator or a member of his family is not

6-2  the person alleged to have committed the abuse or neglect;

6-3  (q) The Division of Parole and Probation of the Department of

6-4  Public Safety for use pursuant to NRS 176.135 in making a

6-5  presentence investigation and report to the district court or pursuant

6-6  to NRS 176.151 in making a general investigation and report;

6-7  (r) Any person who is required pursuant to NRS 432B.220 to

6-8  make a report to an agency which provides child welfare services or

6-9  to a law enforcement agency;

6-10      (s) The Rural Advisory Board to Expedite Proceedings for the

6-11  Placement of Children created pursuant to NRS 432B.602 or a local

6-12  advisory board to expedite proceedings for the placement of

6-13  children created pursuant to NRS 432B.604; or

6-14      (t) The panel established pursuant to NRS 432B.396 to evaluate

6-15  agencies which provide child welfare services.

6-16      2.  Except as otherwise provided in subsection 3, data or

6-17  information concerning reports and investigations thereof made

6-18  pursuant to this chapter may be made available to any member of

6-19  the general public if the child who is the subject of a report dies or is

6-20  critically injured as a result of alleged abuse or neglect, except that

6-21  the data or information which may be disclosed is limited to:

6-22      (a) The fact that a report of abuse or neglect has been made and,

6-23  if appropriate, a factual description of the contents of the report;

6-24      (b) Whether an investigation has been initiated pursuant to NRS

6-25  432B.260[,] and the result of a completed investigation; and

6-26      (c) Such other information as is authorized for disclosure by a

6-27  court pursuant to subsection 4.

6-28      3.  An agency which provides child welfare services shall not

6-29  disclose data or information pursuant to subsection 2 if the agency

6-30  determines that the disclosure is not in the best interests of the child

6-31  or if disclosure of the information would adversely affect any

6-32  pending investigation concerning a report.

6-33      4.  Upon petition, a court of competent jurisdiction may

6-34  authorize the disclosure of additional information to the public

6-35  pursuant to subsection 2 if good cause is shown by the petitioner for

6-36  the disclosure of the additional information.

6-37      5.  An agency investigating a report of the abuse or neglect of a

6-38  child shall, upon request, provide to a person named in the report as

6-39  allegedly causing the abuse or neglect of the child:

6-40      (a) A copy of:

6-41          (1) Any statement made in writing to an investigator for the

6-42  agency by the person named in the report as allegedly causing the

6-43  abuse or neglect of the child; or

7-1       (2) Any recording made by the agency of any statement

7-2  made orally to an investigator for the agency by the person named in

7-3  the report as allegedly causing the abuse or neglect of the child; or

7-4  (b) A written summary of the allegations made against the

7-5  person who is named in the report as allegedly causing the abuse or

7-6  neglect of the child. The summary must not identify the person

7-7  responsible for reporting the alleged abuse or neglect.

7-8  6.  An agency which provides child welfare services shall

7-9  disclose the identity of a person who makes a report or otherwise

7-10  initiates an investigation pursuant to this chapter if a court, after

7-11  reviewing the record in camera and determining that there is reason

7-12  to believe that the person knowingly made a false report, orders the

7-13  disclosure.

7-14      7.  Any person, except for:

7-15      (a) The subject of a report;

7-16      (b) A district attorney or other law enforcement officer initiating

7-17  legal proceedings; or

7-18      (c) An employee of the Division of Parole and Probation of the

7-19  Department of Public Safety making a presentence investigation and

7-20  report to the district court pursuant to NRS 176.135 or making a

7-21  general investigation and report pursuant to NRS 176.151,

7-22  who is given access, pursuant to subsection 1 or 2, to information

7-23  identifying the subjects of a report and who makes this information

7-24  public is guilty of a misdemeanor.

7-25      8.  The Division of Child and Family Services shall adopt

7-26  regulations to carry out the provisions of this section.

7-27      Sec. 4.  This act becomes effective on July 1, 2003.

 

7-28  H