Senate Bill No. 223–Senator Titus

 

March 3, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Abolishes confessional exemption for clergy from requirement to report and testify regarding known or suspected child abuse. (BDR 38‑712)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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; abolishing the confessional exemption for clergy from the requirement to report known or suspected abuse or neglect of a child; providing a related exception to the testimonial evidentiary privilege of clergy; 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.220 is hereby amended to read as

1-2  follows:

1-3  432B.220  1.  Any person who is described in subsection 3

1-4  and who, in his professional or occupational capacity, knows or has

1-5  reasonable cause to believe that a child has been abused or neglected

1-6  shall:

1-7  (a) Except as otherwise provided in subsection 2, report the

1-8  abuse or neglect of the child to an agency which provides child

1-9  welfare services or to a law enforcement agency; and

1-10      (b) Make such a report as soon as reasonably practicable but not

1-11  later than 24 hours after the person knows or has reasonable cause to

1-12  believe that the child has been abused or neglected.

1-13      2.  If a person who is required to make a report pursuant to

1-14  subsection 1 knows or has reasonable cause to believe that the abuse

1-15  or neglect of the child involves an act or omission of:

2-1  (a) A person directly responsible or serving as a volunteer for or

2-2  an employee of a public or private home, institution or facility

2-3  where the child is receiving child care outside of his home for a

2-4  portion of the day, the person shall make the report to a law

2-5  enforcement agency.

2-6  (b) An agency which provides child welfare services or a law

2-7  enforcement agency, the person shall make the report to an agency

2-8  other than the one alleged to have committed the act or omission,

2-9  and the investigation of the abuse or neglect of the child must be

2-10  made by an agency other than the one alleged to have committed the

2-11  act or omission.

2-12      3.  A report must be made pursuant to subsection 1 by the

2-13  following persons:

2-14      (a) A physician, dentist, dental hygienist, chiropractor,

2-15  optometrist, podiatric physician, medical examiner, resident, intern,

2-16  professional or practical nurse, physician assistant, psychiatrist,

2-17  psychologist, marriage and family therapist, alcohol or drug abuse

2-18  counselor, advanced emergency medical technician or other person

2-19  providing medical services licensed or certified in this state;

2-20      (b) Any personnel of a hospital or similar institution engaged in

2-21  the admission, examination, care or treatment of persons or an

2-22  administrator, manager or other person in charge of a hospital or

2-23  similar institution upon notification of suspected abuse or neglect of

2-24  a child by a member of the staff of the hospital;

2-25      (c) A coroner;

2-26      (d) A clergyman, practitioner of Christian Science or religious

2-27  healer ; [, unless he has acquired the knowledge of the abuse or

2-28  neglect from the offender during a confession;]

2-29      (e) A social worker and an administrator, teacher, librarian or

2-30  counselor of a school;

2-31      (f) Any person who maintains or is employed by a facility or

2-32  establishment that provides care for children, children’s camp or

2-33  other public or private facility, institution or agency furnishing care

2-34  to a child;

2-35      (g) Any person licensed to conduct a foster home;

2-36      (h) Any officer or employee of a law enforcement agency or an

2-37  adult or juvenile probation officer;

2-38      (i) An attorney, unless he has acquired the knowledge of the

2-39  abuse or neglect from a client who is or may be accused of the abuse

2-40  or neglect;

2-41      (j) Any person who maintains, is employed by or serves as a

2-42  volunteer for an agency or service which advises persons regarding

2-43  abuse or neglect of a child and refers them to persons and agencies

2-44  where their requests and needs can be met; and

3-1  (k) Any person who is employed by or serves as a volunteer for

3-2  an approved youth shelter. As used in this paragraph, “approved

3-3  youth shelter” has the meaning ascribed to it in NRS 244.422.

3-4  4.  A report may be made by any other person.

3-5  5.  If a person who is required to make a report pursuant to

3-6  subsection 1 knows or has reasonable cause to believe that a child

3-7  has died as a result of abuse or neglect, the person shall, as soon as

3-8  reasonably practicable, report this belief to the appropriate medical

3-9  examiner or coroner, who shall investigate the report and submit to

3-10  an agency which provides child welfare services his written

3-11  findings. The written findings must include, if obtainable, the

3-12  information required pursuant to the provisions of subsection 2 of

3-13  NRS 432B.230.

3-14      Sec. 2. NRS 49.255 is hereby amended to read as follows:

3-15      49.255  [A]

3-16      1.  Except as otherwise provided in subsection 2, a clergyman

3-17  or priest shall not, without the consent of the person making the

3-18  confession, be examined as a witness as to any confession made to

3-19  him in his professional character.

3-20      2.  A clergyman or priest may be examined as a witness as to

3-21  any information related to a report required to be made by the

3-22  clergyman or priest pursuant to NRS 432B.220.

3-23      Sec. 3.  The amendatory provisions of this act do not apply to

3-24  confessions made to a clergyman or priest before October 1, 2003.

 

3-25  H