NRS: CHAPTER 432C - PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION

[Rev. 6/29/2024 4:04:58 PM--2023]

CHAPTER 432C - PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION

NRS 432C.010 Definitions.

NRS 432C.020 “Agency which provides child welfare services” defined.

NRS 432C.030 “Child” defined.

NRS 432C.040 “Child welfare services” defined.

NRS 432C.050 “Commercial sexual exploitation” defined.

NRS 432C.060 “Commercially sexually exploited child” defined.

NRS 432C.070 “Information maintained by an agency which provides child welfare services” defined.

NRS 432C.080 “Sexual abuse” defined.

NRS 432C.090 “Sexual exploitation” defined.

NRS 432C.100 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”

NRS 432C.110 Persons required to make report; when and to whom reports are required; penalty for failure to make report.

NRS 432C.120 Attorney prohibited from reporting commercial sexual exploitation of child in certain circumstances.

NRS 432C.130 Action upon receipt of report.

NRS 432C.140 Confidentiality of information maintained by agency which provides child welfare services; exceptions; penalty.

NRS 432C.150 Maintenance of information by agency which provides child welfare services; authorized release of such information; penalty; fee for release of information; rules, policies or regulations.

_________

NRS 432C.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432C.020 to 432C.090, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 1931)

NRS 432C.020 “Agency which provides child welfare services” defined. “Agency which provides child welfare services” means:

1. In a county whose population is less than 100,000, the local office of the Division of Child and Family Services of the Department of Health and Human Services; or

2. In a county whose population is 100,000 or more, the agency of the county,

Ê which provides or arranges for necessary child welfare services.

(Added to NRS by 2019, 1931)

NRS 432C.030 “Child” defined. “Child” means a person under the age of 18 years.

(Added to NRS by 2019, 1931)

NRS 432C.040 “Child welfare services” defined. “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

(Added to NRS by 2019, 1931)

NRS 432C.050 “Commercial sexual exploitation” defined. “Commercial sexual exploitation” means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

(Added to NRS by 2019, 1931)

NRS 432C.060 “Commercially sexually exploited child” defined. “Commercially sexually exploited child” means any child who is sex trafficked in violation of NRS 201.300, sexually abused or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

(Added to NRS by 2019, 1931)

NRS 432C.070 “Information maintained by an agency which provides child welfare services” defined. “Information maintained by an agency which provides child welfare services” means data or information concerning reports and assessments made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.

(Added to NRS by 2019, 1931)

NRS 432C.080 “Sexual abuse” defined. “Sexual abuse” has the meaning ascribed to it in NRS 432B.100.

(Added to NRS by 2019, 1931)

NRS 432C.090 “Sexual exploitation” defined. “Sexual exploitation” has the meaning ascribed to it in NRS 432B.110.

(Added to NRS by 2019, 1931)

NRS 432C.100 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” For the purposes of this chapter, a person:

1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

(Added to NRS by 2019, 1931)

NRS 432C.110 Persons required to make report; when and to whom reports are required; penalty for failure to make report.

1. Except as otherwise provided in subsection 2 and NRS 432C.120, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child may report the commercial sexual exploitation of the child to an agency which provides child welfare services.

2. Except as otherwise provided in NRS 432C.120, any person who is required to make a report pursuant to NRS 432B.220 and who, in his or her professional capacity, knows or has reasonable cause to believe that a child is a commercially sexually exploited child shall:

(a) Report the commercial sexual exploitation of the child to an agency which provides child welfare services; and

(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child is a commercially sexually exploited child.

3. If an alleged perpetrator of the commercial sexual exploitation of a child is or is alleged to be present with the child, or if the child is otherwise in imminent danger, any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child, including, without limitation, a person who is required to make a report pursuant to NRS 432B.220 shall immediately contact a law enforcement agency to report the commercial sexual exploitation of the child. Failure to make such a report is a misdemeanor.

4. Any person who knowingly and willfully violates the provisions of subsection 2 is guilty of:

(a) For the first violation, a misdemeanor.

(b) For each subsequent violation, a gross misdemeanor.

(Added to NRS by 2019, 1932)

NRS 432C.120 Attorney prohibited from reporting commercial sexual exploitation of child in certain circumstances.

1. An attorney shall not make a report of the commercial sexual exploitation of a child if such reporting conflicts with the ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct.

2. Nothing in this section shall be construed as relieving an attorney from the duty to report the commercial sexual exploitation of a child pursuant to NRS 432C.110:

(a) To the extent the attorney reasonably believes necessary to prevent the further sex trafficking or sexual abuse of the child; or

(b) In any other circumstance for which such a report is authorized by the Nevada Rules of Professional Conduct.

(Added to NRS by 2019, 1932)

NRS 432C.130 Action upon receipt of report.

1. Upon the receipt of a report pursuant to NRS 62C.035, 62E.513 or 432C.110, an agency which provides child welfare services:

(a) Shall conduct an assessment to determine whether there is reasonable cause to believe that the child:

(1) Is a victim of commercial sexual exploitation;

(2) Is a victim of the abuse or neglect of a child;

(3) Is in immediate danger of serious bodily harm; or

(4) Suffers from any unmet basic need, including, without limitation, the need for behavioral health services, medical services, detoxification services and educational services;

(b) Upon the completion of an assessment of a child who resides within the jurisdiction of the agency which provides child welfare services pursuant to paragraph (a), shall:

(1) Engage in appropriate planning to ensure the safety of the child; and

(2) Refer the child for any services necessary to address an unmet basic need identified pursuant to subparagraph (4) of paragraph (a);

(c) Shall make a report to the appropriate law enforcement agency for the purpose of identifying the perpetrator of the commercial sexual exploitation; and

(d) If the child resides in another jurisdiction, may initiate contact with an agency which provides child welfare services in the jurisdiction in which the child resides to provide notification of the circumstances surrounding the child’s removal from the jurisdiction or placement in another location.

2. An agency which provides child welfare services shall use the resources of a children’s advocacy center when conducting an assessment pursuant to paragraph (a) of subsection 1 when such resources are available and appropriate based on the circumstances contained in the report received pursuant to NRS 432C.110.

3. If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 and no abuse or neglect of a child is identified, the agency may:

(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment; and

(b) If appropriate, provide to the child and his or her family counseling, training or other services relating to commercial sexual exploitation or refer the child and his or her family to a person or an organization that has entered into an agreement with the agency to provide those services.

4. If an agency which provides child welfare services conducts an assessment pursuant to paragraph (a) of subsection 1 and abuse or neglect of a child is identified, the agency which provides child welfare services may take any action authorized under chapter 432B of NRS. If the agency which provides child welfare services places a child who is a victim of commercial sexual exploitation into protective custody pursuant to NRS 432B.390, the agency which provides child welfare services shall, whenever possible, place the child in a placement appropriate for the needs of the child, including, without limitation, the need for safety.

5. If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 3, the agency shall require the person or organization to notify the agency if:

(a) The child or his or her family refuses or fails to participate in such services; or

(b) The person or organization determines that there is a serious risk to the health or safety of the child.

6. As used in this section:

(a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020.

(b) “Children’s advocacy center” means a public or private entity that provides an environment friendly to children where multidisciplinary teams work to:

(1) Investigate and help children recover from abuse or neglect; and

(2) Hold perpetrators of abuse or neglect of children accountable.

(c) “Multidisciplinary team” means a team of different types of professionals convened by a children’s advocacy center to respond to the abuse or neglect of a child, including, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.

(Added to NRS by 2019, 1932; A 2021, 2652; 2023, 828)

NRS 432C.140 Confidentiality of information maintained by agency which provides child welfare services; exceptions; penalty.

1. Except as otherwise provided in NRS 239.0115 and 439.597 and except as otherwise authorized or required pursuant to NRS 432C.150, information maintained by an agency which provides child welfare services, including, without limitation, reports and assessments made pursuant to this chapter, is confidential.

2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:

(a) Pursuant to a criminal prosecution relating to the commercial sexual exploitation of a child;

(b) As otherwise authorized or required pursuant to NRS 432C.150; or

Ê is guilty of a misdemeanor.

(Added to NRS by 2019, 1933)

1. Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

2. Except as otherwise provided in this section, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe is a commercially sexually exploited child;

(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe is a commercially sexually exploited child and the person 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 the commercial sexual exploitation of a child;

(e) A court other than a juvenile 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 information identifying the subjects of a report must not be made available to the person;

(g) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

(h) Except as otherwise provided in subsection 4, a federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from commercial sexual exploitation;

(i) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

(j) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the commercial sexual exploitation of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

(k) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons; or

(l) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency.

3. Before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports that a child is a commercially sexually exploited child and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged commercial sexual exploitation of a child or the life or safety of any person.

4. An agency which provides child welfare services shall not provide information maintained by the agency which provides child welfare services to a juvenile court only to facilitate a determination by the court related to the adjudication of a child who is accused of:

(a) Sex trafficking a child in violation of NRS 201.300; or

(b) Facilitating sex trafficking of a child in violation of NRS 201.301.

5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

6. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

7. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

8. Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to a district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings against any person alleged to be the perpetrator of the commercial sexual exploitation of a child.

9. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

10. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

11. As used in this section, “parent” has the meaning ascribed to it in NRS 432B.080.

(Added to NRS by 2019, 1933)