The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 3:30 p.m., on Friday, May 28, 1999, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Randolph J. Townsend

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

GUEST LEGISLATORS PRESENT:

William J. Raggio, Washoe County Senatorial District No. 3

STAFF MEMBERS PRESENT:

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Chairman Rawson introduced William J. Raggio, Washoe County Senatorial District No. 3. Senator Raggio explained the origin of Senate Bill (S.B.) 553.

Senator Raggio said for a long time he has been concerned about the ability of parents to discipline children. Recent events of young people who have committed violent crimes give even more reason to address this issue. Parents are accused of not exercising authority and control over their children, so it is very important they have the capability to discipline their children, without fear of reprisal. Senator Raggio added parents should never have to feel their hands are tied because of the way laws are written. S.B. 553 adds to existing law the provision when a report is made concerning possible abuse of a child, and an investigation determines the incident was reasonable use of discipline and punishment, not excessive, the agency shall take no further action and shall expunge all references to the matter from its records.

Answering an inquiry by Chairman Rawson, Senator Raggio explained the law defines excessive as resulting in physical or mental injury.

Senator Washington mentioned the concept of S.B. 553 was defeated in the Sixty-ninth Legislative Session. Senator Raggio emphasized the structure of this bill does not alter the current definition of excessive discipline.

Scott M. Craigie, Lobbyist, testified as a former teacher and the former director of the Department of Human Resources, in favor of S.B. 553. Mr. Craigie averred the language is reasonable, gives parents guidance concerning limits, and will eliminate parental fear in disciplining their own child.

May S. Shelton, Lobbyist, Nevada Association of County Welfare Directors, spoke in opposition of S.B. 553. The association agrees with the concept of the bill, but Ms. Shelton said in practice, when Washoe County receives a report and no abuse is detected, the county does keep a record in order to do follow-up and offer services. She continued, if the record were expunged, the county may not be able to offer services, and reporting parties could easily believe the county is not doing its job.

Madelyn Shipman, Lobbyist, Washoe County, said the bill would preclude the county from offering services. Chairman Rawson said he does not interpret the language as prohibiting services, and the statement the agency "shall take no further action" denotes no further action as far as removing a child from the home. However, Ms. Shipman’s concerns will be noted for the record.

Senator Washington asked Ms. Shelton when Child Protective Services investigates and finds no abuse has taken place, how does the agency proceed? Ms. Shelton answered the agency takes no further action, unless the family requests voluntary services; the allegation is not reported to court or a central registry, but a report of the findings are filed for future reference. Chairman Rawson explained S.B. 553 states if further investigation is not warranted, the agency may still provide counseling and other services. Ms. Shelton said upon studying S.B. 553, she could see where the agency could continue to offer services.

Senator Wiener stated she was curious to know how a situation would be handled, if a report found no abuse, but there were many instances of these reports concerning the same parties. Senator Wiener commented tracking would be difficult if the previous reports were deleted. Chairman Rawson said investigators are trained to observe markings inherent to abuse, and patterns that demonstrate a history could be recognized by investigators.

Mary Ellen White, M.S.W., Social Welfare Program Chief, Division of Child and Family Services, Department of Human Resources, stated the division supports the proposed bill in concept, and shares the concerns summarized by Ms. Shelton. The Division of Child and Family Services does not report instances of "no abuse detected" to the central registry, but does retain a paper file for 3 years. Repeated incidents that fall "just below the line" can be an indication of a dysfunctional family.

Donald W. Winne Jr., Deputy Attorney General, Human Resources Division, Office of the Attorney General, testified there is a big distinction between records that are tracked electronically, and an in-house paper file that is destroyed after 3 years. The paper file would help determine a pattern of abuse, of which an investigator might have no knowledge.

Chairman Rawson interjected his belief it is the intent of the Legislature, if innocence is determined, there be nothing recorded to prejudice the picture. If the investigating agency thinks there is abuse, that is the determination to be made. Mr. Winne said allowing records to not be destroyed would give the division an interim chance of using discretion. Chairman Rawson referred to the section of the bill that reads

Ms. White said the agency could revisit, in regulation, the definitions of the outcomes of findings.

Roberta Gang, Lobbyist, National Association of Social Workers, Nevada Chapter, and Nevada Womens Lobby, related to the committee the organizations she represents would like to focus on the child and the issue of child abuse. Ms. Gang said she has not heard of any harm being done to parents with the law as it is now, but there is always harm being done to children. The organizations oppose S.B. 553 and consider it as a diminishing of child abuse laws.

Senator Washington speculated harm is being done to parents when their ability to use a manner of corporal punishment is undermined with the threat of being investigated. Chairman Rawson added this bill resets the thinking that a simple spanking is not abusive, and he expressed understanding about the comments and concerns being articulated today.

Ms. Gang interjected if parents are unsure of what is abusive and what is not, they should be getting parenting classes.

Lucille Lusk, Lobbyist, Nevada Concerned Citizens; and Benjamin Blinn, Concerned Citizen, stated their support for S.B. 553.

Senator Raggio said some of the testimony heard today indicates those testifying did not hear his introductory remarks. He added there are a lot of parents and social workers who think spanking is inappropriate. Such a philosophy is all right, but the language in S.B. 553 is carefully phrased for those parents who consider spanking a part of the teaching of respect. Senator Raggio added there is nothing in the bill that mentions the use of spanking or paddling by teachers.

Chairman Rawson closed the hearing on S.B. 553 and called for a motion.

SENATOR WASHINGTON MOVED TO DO PASS S.B. 553.

SENATOR TOWNSEND SECONDED THE MOTION.

Senator Mathews said she might not support this bill on the floor.

THE MOTION CARRIED. (SENATOR WIENER VOTED NO.)

*****

The meeting was adjourned at 4:15 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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