EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 200 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

2-1 1. Has "reasonable cause to believe" if, in light of all the

2-2 surrounding facts and circumstances which are known or which

2-3 reasonably should be known to the person at the time, a reasonable

2-4 person would believe, under those facts and circumstances, that an act,

2-5 transaction, event, situation or condition exists, is occurring or has

2-6 occurred.

2-7 2. Acts "as soon as reasonably practicable" if, in light of all the

2-8 surrounding facts and circumstances which are known or which

2-9 reasonably should be known to the person at the time, a reasonable

2-10 person would act within approximately the same period under those facts

2-11 and circumstances.

2-12 Sec. 2. NRS 200.5092 is hereby amended to read as follows:

2-13 200.5092 As used in NRS 200.5091 to 200.50995, inclusive, and

2-43 obligation for caring for an older person or who has voluntarily assumed

3-1 responsibility for his care to provide food, shelter, clothing or services

3-2 which are necessary to maintain the physical or mental health of the older

3-3 person; or

3-4 (b) An older person to provide for his own needs because of inability to

3-5 do so.

3-6 5. "Older person" means a person who is 60 years of age or older.

3-7 6. "Protective services" means services the purpose of which is to

3-8 prevent and remedy the abuse, neglect, exploitation and isolation of older

3-9 persons. The services may include investigation, evaluation, counseling,

3-10 arrangement and referral for other services and assistance.

3-11 Sec. 3. NRS 200.5093 is hereby amended to read as follows:

3-12 200.5093 1. [A person required to make a report pursuant to this

3-43 [2. Reports]

4-1 4. A report must be made pursuant to subsection 1 by the following

4-2 persons : [who, in their professional or occupational capacities, know or

4-3 have reason to believe that an older person is being or has been abused,

4-4 neglected, exploited or isolated:]

4-5 (a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

4-6 podiatric physician, medical examiner, resident, intern, professional or

4-7 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

4-8 and family therapist, alcohol or drug abuse counselor, driver of an

4-9 ambulance, advanced emergency medical technician or other person

4-10 providing medical services licensed or certified to practice in this state,

4-11 who examines, attends or treats an older person who appears to have been

4-12 abused, neglected, exploited or isolated.

4-13 (b) Any personnel of a hospital or similar institution engaged in the

4-14 admission, examination, care or treatment of persons or an administrator,

4-15 manager or other person in charge of a hospital or similar institution upon

4-16 notification of the suspected abuse, neglect, exploitation or isolation of an

4-17 older person by a member of the staff of the hospital.

4-18 (c) A coroner.

4-19 (d) Every clergyman, practitioner of Christian Science or religious

4-20 healer, unless he acquired the knowledge of abuse, neglect, exploitation or

4-21 isolation of the older person from the offender during a confession.

4-22 (e) Every person who maintains or is employed by an agency to provide

4-23 nursing in the home.

4-24 (f) Every attorney, unless he has acquired the knowledge of abuse,

4-25 neglect, exploitation or isolation of the older person from a client who has

4-26 been or may be accused of such abuse, neglect, exploitation or isolation.

4-27 (g) Any employee of the department of human resources.

4-28 (h) Any employee of a law enforcement agency or a county’s office for

4-29 protective services or an adult or juvenile probation officer.

4-30 (i) Any person who maintains or is employed by a facility or

4-31 establishment that provides care for older persons.

4-32 (j) Any person who maintains, is employed by or serves as a volunteer

4-33 for an agency or service which advises persons regarding the abuse,

4-34 neglect, exploitation or isolation of an older person and refers them to

4-35 persons and agencies where their requests and needs can be met.

4-36 (k) Every social worker.

4-37 (l) Any person who owns or is employed by a funeral home or

4-38 mortuary.

4-39 [3.] 5. A report may be [filed] made by any other person.

4-40 [4. A]

4-41 6. If a person who is required to make a report pursuant to [this

4-42 section who] subsection 1 knows or has reasonable cause to believe that an

4-43 older person has died as a result of abuse, neglect or isolation , the person

5-1 shall ,

6-1 as soon as reasonably practicable, report this belief to the appropriate

6-2 medical examiner or coroner, who shall investigate the cause of death of

6-3 the older person and submit to the appropriate local law enforcement

6-4 agencies, the appropriate prosecuting attorney and the aging services

6-5 division of the department of human resources his written findings. The

6-6 written findings must include the information required pursuant to the

6-7 provisions of NRS 200.5094, when possible.

6-8 [5.] 7. A division, office or department which receives a report

6-9 pursuant to this section shall cause the investigation of the report to

6-10 commence within 3 working days. A copy of the final report of the

6-11 investigation conducted by a division, office or department, other than the

6-12 aging services division of the department of human resources, must be

6-13 forwarded to the aging services division within 90 days after the

6-14 completion of the report.

6-15 [6.] 8. If the investigation of [the] a report results in the belief that

6-16 [the] an older person is abused, neglected, exploited or isolated, the

6-17 welfare division of the department of human resources or the county’s

6-18 office for protective services may provide protective services to the older

6-19 person if he is able and willing to accept them.

6-20 [7.] 9. A person who knowingly and willfully violates any of the

6-21 provisions of this section is guilty of a misdemeanor.

6-22 Sec. 4. NRS 200.5094 is hereby amended to read as follows:

6-23 200.5094 1. [The report required] A person may make a report

7-1 (f) The basis of the reporter’s belief that the older person has been

7-2 abused, neglected, exploited or isolated.

7-3 Sec. 5. NRS 200.50984 is hereby amended to read as follows:

7-4 200.50984 1. Notwithstanding any other statute to the contrary, the

7-27 competent jurisdiction.

7-28 Sec. 6. NRS 200.50986 is hereby amended to read as follows:

7-29 200.50986 The local office of the welfare division or the county’s

7-36 NRS 200.5095 to 200.50995, inclusive [.] , and section 1 of this act.

7-37 Sec. 7. Chapter 202 of NRS is hereby amended by adding thereto the

7-38 provisions set forth as sections 8 to 15, inclusive, of this act.

7-39 Sec. 8. As used in sections 8 to 15, inclusive, of this act, unless the

7-40 context otherwise requires, the words and terms defined in sections 9, 10

7-41 and 11 of this act have the meanings ascribed to them in those sections.

7-42 Sec. 9. "Child" means a person who is less than 18 years of age.

8-1 Sec. 10. "Law enforcement agency" means:

8-2 1. The office of the attorney general or the office of a district

8-3 attorney within this state and any attorney, investigator, special

8-4 investigator or employee who is acting in his professional or

8-5 occupational capacity for such an office; or

8-6 2. Any other law enforcement agency within this state and any peace

8-7 officer or employee who is acting in his professional or occupational

8-8 capacity for such an agency.

8-9 Sec. 11. "Violent or sexual offense" means any act that, if

8-10 prosecuted in this state, would constitute any of the following offenses,

8-11 whether or not the person who committed the act is or has been

8-12 prosecuted or convicted in this state for the offense:

8-13 1. Murder or voluntary manslaughter pursuant to NRS 200.010 to

8-14 200.260, inclusive.

8-15 2. Mayhem pursuant to NRS 200.280.

8-16 3. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.

8-17 4. Sexual assault pursuant to NRS 200.366.

8-18 5. Robbery pursuant to NRS 200.380.

8-19 6. Administering poison or another noxious or destructive substance

8-20 or liquid with intent to cause death pursuant to NRS 200.390.

8-21 7. Battery with intent to commit a crime pursuant to NRS 200.400.

8-22 8. Administering a drug or controlled substance with intent to

8-23 commit a felony or crime of violence pursuant to NRS 200.405 or

8-24 200.408.

8-25 9. False imprisonment pursuant to NRS 200.460, if the false

8-26 imprisonment involves the use or threatened use of force or violence

8-27 against the victim or the use or threatened use of a firearm or a deadly

8-28 weapon.

8-29 10. Assault with a deadly weapon pursuant to NRS 200.471.

8-30 11. Battery which is committed with the use of a deadly weapon or

8-31 which results in substantial bodily harm pursuant to NRS 200.481.

8-32 12. An offense involving pornography and a minor pursuant to NRS

8-33 200.710 or 200.720.

8-34 13. Solicitation of a minor to engage in acts constituting the

8-35 infamous crime against nature pursuant to NRS 201.195.

8-36 14. Intentional transmission of the human immunodeficiency virus

8-37 pursuant to NRS 201.205.

8-38 15. Open or gross lewdness pursuant to NRS 201.210.

8-39 16. Lewdness with a child pursuant to NRS 201.230.

8-40 17. An offense involving pandering or prostitution in violation of

8-41 NRS 201.300, 201.320 or 201.340.

9-1 18. Coercion pursuant to NRS 207.190, if the coercion involves the

9-2 use or threatened use of force or violence against the victim or the use or

9-3 threatened use of a firearm or a deadly weapon.

9-4 19. An attempt, conspiracy or solicitation to commit an offense listed

9-5 in subsections 1 to 18, inclusive.

9-6 Sec. 12. For the purposes of sections 8 to 15, inclusive, of this act, a

9-7 person:

9-8 1. Has "reasonable cause to believe" if, in light of all the

9-9 surrounding facts and circumstances which are known or which

9-10 reasonably should be known to the person at the time, a reasonable

9-11 person would believe, under those facts and circumstances, that an act,

9-12 transaction, event, situation or condition exists, is occurring or has

9-13 occurred.

9-14 2. Acts "as soon as reasonably practicable" if, in light of all the

9-15 surrounding facts and circumstances which are known or which

9-16 reasonably should be known to the person at the time, a reasonable

9-17 person would act within approximately the same period under those facts

9-18 and circumstances.

9-19 3. May make a report by telephone or, in light of all the surrounding

9-20 facts and circumstances which are known or which reasonably should be

9-21 known to the person at the time, by any other means of oral, written or

9-22 electronic communication that a reasonable person would believe, under

9-23 those facts and circumstances, is a reliable and swift means of

9-24 communicating information to the person who receives the information.

9-25 Sec. 13. 1. Except as otherwise provided in this section, if a person

9-26 knows or has reasonable cause to believe that another person has

9-27 committed a violent or sexual offense against a child, the person shall:

9-28 (a) Report the commission of the violent or sexual offense against the

9-29 child to a law enforcement agency; and

9-30 (b) Make such a report as soon as reasonably practicable but not later

9-31 than 24 hours after the person knows or has reasonable cause to believe

9-32 that the other person has committed the violent or sexual offense against

9-33 the child.

9-34 2. If a person who is required to make a report pursuant to

9-35 subsection 1 knows or has reasonable cause to believe that the person

9-36 who committed the violent or sexual offense against the child is a peace

9-37 officer or employee of a law enforcement agency, the person shall report

9-38 the commission of the violent or sexual offense against the child to a law

9-39 enforcement agency that does not employ the person who committed the

9-40 violent or sexual offense against the child.

9-41 3. A person who makes a report pursuant to subsection 1 shall

9-42 include in the report, without limitation:

10-1 (a) If known, the name of the child and the name of the person who

10-2 committed the violent or sexual offense against the child;

10-3 (b) The location where the violent or sexual offense was committed;

10-4 and

10-5 (c) The facts and circumstances which support the person’s belief that

10-6 the violent or sexual offense was committed.

10-7 4. A person who knowingly and willfully violates any of the

10-8 provisions of this section is guilty of a misdemeanor.

10-9 5. A person may be prosecuted and convicted pursuant to this section

10-10 whether or not the person who committed the violent or sexual offense

10-11 against the child is or has been prosecuted or convicted in this state for:

10-12 (a) The violent or sexual offense against the child; or

10-13 (b) Any other offense arising out of the same facts as the violent or

10-14 sexual offense against the child.

10-15 6. Except as otherwise provided by the Constitution of the United

10-16 States or the constitution of this state and except as otherwise provided in

10-17 this section:

10-18 (a) A person who knows or has reasonable cause to believe that

10-19 another person has committed a violent or sexual offense against a child

10-20 shall make a report to a law enforcement agency pursuant to this section

10-21 whether or not the person acquired any or all of his knowledge of the

10-22 commission of the violent or sexual offense against the child during a

10-23 communication or proceeding that is protected by a privilege set forth in

10-24 chapter 49 of NRS;

10-25 (b) A privilege set forth in chapter 49 of NRS may not be invoked by a

10-26 person as a defense to prosecution and conviction pursuant to this

10-27 section; and

10-28 (c) Evidence may not be excluded in a prosecution pursuant to this

10-29 section on the ground that the evidence would otherwise be privileged

10-30 against disclosure pursuant to chapter 49 of NRS.

10-31 7. The provisions of this section do not apply to a person if the

10-32 person:

10-33 (a) Is less than 18 years of age, unless the person previously has been:

10-34 (1) Charged with committing an unlawful act that is excluded from

10-35 the jurisdiction of the juvenile court pursuant to chapter 62 of NRS or

10-36 charged with committing a similar act in any other jurisdiction;

10-37 (2) Certified for criminal proceedings as an adult pursuant to

10-38 chapter 62 of NRS or pursuant to a certification or transfer proceeding

10-39 in any other jurisdiction; or

10-40 (3) Convicted of a criminal offense in this state or any other

10-41 jurisdiction;

10-42 (b) Is, by blood or marriage, the spouse, brother, sister, parent,

10-43 grandparent, child or grandchild of:

11-1 (1) The child who is the victim of the violent or sexual offense; or

11-2 (2) The person who committed the violent or sexual offense against

11-3 the child;

11-4 (c) Suffers from a mental or physical impairment or disability that, in

11-5 light of all the surrounding facts and circumstances, would make it

11-6 impracticable for the person to report the commission of the violent or

11-7 sexual offense against the child to a law enforcement agency;

11-8 (d) Knows or has reasonable cause to believe that the violent or sexual

11-9 offense against the child would constitute abuse or neglect of a child, as

11-10 defined in NRS 432B.020, and the person reports the abuse or neglect of

11-11 the child pursuant to NRS 432B.220;

11-12 (e) Knows or has reasonable cause to believe that reporting the violent

11-13 or sexual offense against the child to a law enforcement agency would

11-14 place the person or any other person who is related to him by blood or

11-15 marriage or who resides in the same household as him, whether or not

11-16 the other person is related to him by blood or marriage, in imminent

11-17 danger of suffering substantial bodily harm; or

11-18 (f) Is a clergyman, practitioner of Christian Science or religious

11-19 healer and the person acquired his knowledge of the commission of the

11-20 violent or sexual offense against the child during a confession made to

11-21 him in his professional capacity by the person who committed the violent

11-22 or sexual offense against the child.

11-23 Sec. 14. If a person reports to a law enforcement agency that

11-24 another person has committed a violent or sexual offense against a child,

11-25 whether or not the person is required to make such a report pursuant to

11-26 section 13 of this act, and the violent or sexual offense against the child

11-27 would constitute abuse or neglect of a child, as defined in NRS

11-28 432B.020, the report made by the person shall be deemed to be a report

11-29 of the abuse or neglect of the child that has been made pursuant to NRS

11-30 432B.220 and:

11-31 1. The appropriate agencies shall act upon the report pursuant to

11-32 chapter 432B of NRS; and

11-33 2. The report may be used in the same manner as other reports that

11-34 are made pursuant to NRS 432B.220.

11-35 Sec. 15. 1. If a person who is required to make a report pursuant

11-36 to section 13 of this act makes such a report in good faith and in

11-37 accordance with that section, the person is immune from civil or criminal

11-38 liability for any act or omission related to that report, but the person is

11-39 not immune from civil or criminal liability for any other act or omission

11-40 committed by the person as part of, in connection with or as a principal

11-41 or accessory to the violent or sexual offense against the child, regardless

11-42 of the nature of the other act or omission.

12-1 2. If a person is not required to make a report pursuant to section 13

12-2 of this act and the person makes such a report to a law enforcement

12-3 agency in good faith, the person is immune from civil or criminal liability

12-4 for any act or omission related to that report, but the person is not

12-5 immune from civil or criminal liability for any other act or omission

12-6 committed by the person as part of, in connection with or as a principal

12-7 or accessory to the violent or sexual offense against the child, regardless

12-8 of the nature of the other act or omission.

12-9 3. For the purposes of this section, if a person reports to a law

12-10 enforcement agency that another person has committed a violent or

12-11 sexual offense against a child, whether or not the person is required to

12-12 make such a report pursuant to section 13 of this act, the person is

12-13 presumed to have made the report in good faith unless the person is

12-14 being prosecuted for a criminal violation, including, without limitation, a

12-15 violation of the provisions of NRS 207.280.

12-16 Sec. 16. Chapter 41 of NRS is hereby amended by adding thereto a

12-17 new section to read as follows:

12-18 1. If a person is required to report the commission of a violent or

12-19 sexual offense against a child pursuant to section 13 of this act and the

12-20 person fails to make such a report in accordance with that section, the

12-21 child or a legal representative on behalf of the child may:

12-22 (a) Bring an action against the person who failed to make the report if

12-23 the child has suffered substantial bodily harm or dies as the proximate

12-24 result of the person’s failure to make the report; and

12-25 (b) Recover in such an action:

12-26 (1) Actual damages that are the proximate result of the person’s

12-27 failure to make the report;

12-28 (2) Punitive damages; and

12-29 (3) Costs and reasonable attorney’s fees.

12-30 2. The provisions of this section must be construed to create a legal

12-31 duty and to establish a civil cause of action whether or not such a duty or

12-32 cause of action is recognized under the common law.

12-33 Sec. 17. Chapter 432B of NRS is hereby amended by adding thereto a

12-34 new section to read as follows:

12-35 For the purposes of this chapter, a person:

12-36 1. Has "reasonable cause to believe" if, in light of all the

12-37 surrounding facts and circumstances which are known or which

12-38 reasonably should be known to the person at the time, a reasonable

12-39 person would believe, under those facts and circumstances, that an act,

12-40 transaction, event, situation or condition exists, is occurring or has

12-41 occurred.

13-1 2. Acts "as soon as reasonably practicable" if, in light of all the

13-2 surrounding facts and circumstances which are known or which

13-3 reasonably should be known to the person at the time, a reasonable

13-4 person would act within approximately the same period under those facts

13-5 and circumstances.

13-6 Sec. 18. NRS 432B.160 is hereby amended to read as follows:

13-7 432B.160 1. Immunity from civil or criminal liability extends to

13-23 there is a presumption that the person acted in good faith.

13-24 Sec. 19. NRS 432B.220 is hereby amended to read as follows:

13-25 432B.220 1. [A report must be made] Any person who is described

13-42 person shall make the report [must be made] to a law enforcement agency.

14-1 (b) An agency which provides protective services or a law enforcement

14-2 agency, the person shall make the report [must be made to and the

14-3 investigation made by] to an agency other than the one alleged to have

14-4 committed the [acts or omissions.

14-5 2. Reports] act or omission, and the investigation of the abuse or

14-6 neglect of the child must be made by an agency other than the one

14-7 alleged to have committed the act or omission.

14-8 3. A report must be made pursuant to subsection 1 by the following

14-9 persons : [who, in their professional or occupational capacities, know or

14-10 have reason to believe that a child has been abused or neglected:]

14-11 (a) A physician, dentist, dental hygienist, chiropractor, optometrist,

14-12 podiatric physician, medical examiner, resident, intern, professional or

14-13 practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

14-14 and family therapist, alcohol or drug abuse counselor, advanced

14-15 emergency medical technician or other person providing medical services

14-16 licensed or certified in this state;

14-17 (b) Any personnel of a hospital or similar institution engaged in the

14-18 admission, examination, care or treatment of persons or an administrator,

14-19 manager or other person in charge of a hospital or similar institution upon

14-20 notification of suspected abuse or neglect of a child by a member of the

14-21 staff of the hospital;

14-22 (c) A coroner;

14-23 (d) A clergyman, practitioner of Christian Science or religious healer,

14-24 unless he has acquired the knowledge of the abuse or neglect from the

14-25 offender during a confession;

14-26 (e) A social worker and an administrator, teacher, librarian or counselor

14-27 of a school;

14-28 (f) Any person who maintains or is employed by a facility or

14-29 establishment that provides care for children, children’s camp or other

14-30 public or private facility, institution or agency furnishing care to a child;

14-31 (g) Any person licensed to conduct a foster home;

14-32 (h) Any officer or employee of a law enforcement agency or an adult or

14-33 juvenile probation officer;

14-34 (i) An attorney, unless he has acquired the knowledge of the abuse or

14-35 neglect from a client who is or may be accused of the abuse or neglect; and

14-36 (j) Any person who maintains, is employed by or serves as a volunteer

14-37 for an agency or service which advises persons regarding abuse or neglect

14-38 of a child and refers them to persons and agencies where their requests and

14-39 needs can be met.

14-40 [3.] 4. A report may be made by any other person.

14-41 [4. Any]

14-42 5. If a person who is required to make a report [under this section

14-43 who] pursuant to subsection 1 knows or has reasonable cause to believe

15-1 that a child has died as a result of abuse or neglect , the person shall , as

15-2 soon as reasonably practicable, report this belief to the appropriate

15-3 medical examiner or coroner, who shall investigate the report and submit

15-4 to an agency which provides protective services his written findings . [,

15-5 which] The written findings must include , if obtainable, the information

15-6 required [under] pursuant to the provisions of subsection 2 of NRS

15-7 432B.230.

15-8 Sec. 20. NRS 432B.230 is hereby amended to read as follows:

15-9 432B.230 1. [The report required under the provisions of subsection

15-29 the agency which provides protective services considers necessary.

15-30 Sec. 21. NRS 432B.250 is hereby amended to read as follows:

15-31 432B.250 Any person who is required to make a report [under]

15-39 inclusive.

15-40 Sec. 22. NRS 432B.290 is hereby amended to read as follows:

15-41 432B.290 1. Except as otherwise provided in subsection 2 or 5, data

15-43 pursuant to this chapter may be made available only to:

16-1 (a) A physician [who] , if the physician has before him a child who he

16-2 [reasonably believes may have] has reasonable cause to believe has been

16-3 abused or neglected;

16-4 (b) A person authorized to place a child in protective custody, if [he]

16-5 the person has before him a child who he [reasonably believes may have]

16-6 has reasonable cause to believe has been abused or neglected and [he] the

16-7 person requires the information to determine whether to place the child in

16-8 protective custody;

16-9 (c) An agency, including, without limitation, an agency in another

16-10 jurisdiction, responsible for or authorized to undertake the care, treatment

16-11 or supervision of:

16-12 (1) The child; or

16-13 (2) The person responsible for the welfare of the child;

16-14 (d) A district attorney or other law enforcement officer who requires the

16-15 information in connection with an investigation or prosecution of abuse or

16-16 neglect of a child;

16-17 (e) A court, for in camera inspection only, unless the court determines

16-18 that public disclosure of the information is necessary for the determination

16-19 of an issue before it;

16-20 (f) A person engaged in bona fide research or an audit, but information

16-21 identifying the subjects of a report must not be made available to him;

16-22 (g) The guardian ad litem of the child;

16-23 (h) A grand jury upon its determination that access to these records is

16-24 necessary in the conduct of its official business;

16-25 (i) An agency which provides protective services or which is authorized

16-26 to receive, investigate and evaluate reports of abuse or neglect of a child;

16-27 (j) A person who or an organization that has entered into a written

16-28 agreement with an agency which provides protective services to provide

16-29 assessments or services and that has been trained to make such assessments

16-30 or provide such services;

16-31 (k) A team organized for the protection of a child pursuant to NRS

16-32 432B.350;

16-33 (l) A team organized pursuant to NRS 432B.405 to review the death of

16-34 a child;

16-35 (m) A parent or legal guardian of the child, if the identity of the person

16-36 responsible for reporting the alleged abuse or neglect of the child to a

16-37 public agency is kept confidential;

16-38 (n) The person named in the report as allegedly being abused or

16-39 neglected, if he is not a minor or otherwise legally incompetent;

16-40 (o) An agency that is authorized by law to license foster homes or

16-41 facilities for children or to investigate persons applying for approval to

16-42 adopt a child, if the agency has before it an application for that license or is

16-43 investigating an applicant to adopt a child;

17-1 (p) Upon written consent of the parent, any officer of this state or a city

17-2 or county thereof or legislator authorized by the agency or department

17-3 having jurisdiction or by the legislature, acting within its jurisdiction, to

17-4 investigate the activities or programs of an agency that provides protective

17-5 services if:

17-6 (1) The identity of the person making the report is kept confidential;

17-7 and

17-8 (2) The officer, legislator or a member of his family is not the person

17-9 alleged to have committed the abuse or neglect;

17-10 (q) The division of parole and probation of the department of motor

17-11 vehicles and public safety for use pursuant to NRS 176.135 in making a

17-12 presentence investigation and report to the district court; or

17-13 (r) Any person who is required pursuant to NRS 432B.220 to make a

17-14 report to an agency which provides protective services or to a law

17-15 enforcement agency.

17-16 2. Except as otherwise provided in subsection 3, data or information

17-17 concerning reports and investigations thereof made pursuant to this chapter

17-18 may be made available to any member of the general public if the child

17-19 who is the subject of the report dies or is critically injured as a result of

17-20 alleged abuse or neglect, except that the data or information which may be

17-21 disclosed is limited to:

17-22 (a) The fact that a report of abuse or neglect has been made and, if

17-23 appropriate, a factual description of the contents of the report;

17-24 (b) Whether an investigation has been initiated pursuant to NRS

17-25 432B.260, and the result of a completed investigation; and

17-26 (c) Such other information authorized for disclosure by a court pursuant

17-27 to subsection 4.

17-28 3. An agency which provides protective services shall not disclose data

17-29 or information pursuant to subsection 2 if the agency determines that the

17-30 disclosure is not in the best interests of the child or if disclosure of the

17-31 information would adversely affect any pending investigation concerning

17-32 the report.

17-33 4. Upon petition, a court of competent jurisdiction may authorize the

17-34 disclosure of additional information to the public pursuant to subsection 2

17-35 if good cause is shown by the petitioner for the disclosure of the additional

17-36 information.

17-37 5. An agency investigating a report of the abuse or neglect of a child

17-38 shall, upon request, provide to a person named in the report as allegedly

17-39 causing the abuse or neglect of the child:

17-40 (a) A copy of:

17-41 (1) Any statement made in writing to an investigator for the agency

17-42 by the person named in the report as allegedly causing the abuse or neglect

17-43 of the child; or

18-1 (2) Any recording made by the agency of any statement made orally

18-2 to an investigator for the agency by the person named in the report as

18-3 allegedly causing the abuse or neglect of the child; or

18-4 (b) A written summary of the allegations made against the person who

18-5 is named in the report as allegedly causing the abuse or neglect of the

18-6 child. The summary must not identify the person responsible for reporting

18-7 the alleged abuse or neglect.

18-8 6. Any person, except for:

18-9 (a) The subject of a report;

18-10 (b) A district attorney or other law enforcement officer initiating legal

18-11 proceedings; or

18-12 (c) An employee of the division of parole and probation of the

18-13 department of motor vehicles and public safety making a presentence

18-14 investigation and report to the district court pursuant to NRS 176.135,

18-15 who is given access, pursuant to subsection 1 or 2, to information

18-16 identifying the subjects of a report and who makes this information public

18-17 is guilty of a misdemeanor.

18-18 7. The division of child and family services shall adopt regulations to

18-19 carry out the provisions of this section.

18-20 Sec. 23. NRS 432B.290 is hereby amended to read as follows:

18-21 432B.290 1. Except as otherwise provided in subsection 2, data or

18-42 of an issue before it;

19-1 (f) A person engaged in bona fide research or an audit, but information

19-2 identifying the subjects of a report must not be made available to him;

19-3 (g) The guardian ad litem of the child;

19-4 (h) A grand jury upon its determination that access to these records is

19-5 necessary in the conduct of its official business;

19-6 (i) An agency which provides protective services or which is authorized

19-7 to receive, investigate and evaluate reports of abuse or neglect of a child;

19-8 (j) A team organized for the protection of a child pursuant to NRS

19-9 432B.350;

19-10 (k) A parent or legal guardian of the child, if the identity of the person

19-11 responsible for reporting the alleged abuse or neglect of the child to a

19-12 public agency is kept confidential;

19-13 (l) The person named in the report as allegedly being abused or

19-14 neglected, if he is not a minor or otherwise legally incompetent;

19-15 (m) An agency that is authorized by law to license foster homes or

19-16 facilities for children or to investigate persons applying for approval to

19-17 adopt a child, if the agency has before it an application for that license or is

19-18 investigating an applicant to adopt a child;

19-19 (n) Upon written consent of the parent, any officer of this state or a city

19-20 or county thereof or legislator authorized, by the agency or department

19-21 having jurisdiction or by the legislature, acting within its jurisdiction, to

19-22 investigate the activities or programs of an agency that provides protective

19-23 services if:

19-24 (1) The identity of the person making the report is kept confidential;

19-25 and

19-26 (2) The officer, legislator or a member of his family is not the person

19-27 alleged to have committed the abuse or neglect; or

19-28 (o) The division of parole and probation of the department of motor

19-29 vehicles and public safety for use pursuant to NRS 176.135 in making a

19-30 presentence investigation and report to the district court.

19-31 2. An agency investigating a report of the abuse or neglect of a child

19-32 shall, upon request, provide to a person named in the report as allegedly

19-33 causing the abuse or neglect of the child:

19-34 (a) A copy of:

19-35 (1) Any statement made in writing to an investigator for the agency

19-36 by the person named in the report as allegedly causing the abuse or neglect

19-37 of the child; or

19-38 (2) Any recording made by the agency of any statement made orally

19-39 to an investigator for the agency by the person named in the report as

19-40 allegedly causing the abuse or neglect of the child; or

20-1 (b) A written summary of the allegations made against the person who

20-2 is named in the report as allegedly causing the abuse or neglect of the

20-3 child. The summary must not identify the person responsible for reporting

20-4 the alleged abuse or neglect.

20-5 3. Any person, except for:

20-6 (a) The subject of a report;

20-7 (b) A district attorney or other law enforcement officer initiating legal

20-8 proceedings; or

20-9 (c) An employee of the division of parole and probation of the

20-10 department of motor vehicles and public safety making a presentence

20-11 investigation and report to the district court pursuant to NRS 176.135,

20-12 who is given access, pursuant to subsection 1, to information identifying

20-13 the subjects of a report and who makes this information public is guilty of

20-14 a misdemeanor.

20-15 4. The division of child and family services shall adopt regulations to

20-16 carry out the provisions of this section.

20-17 Sec. 24. The amendatory provisions of this act do not apply to a

20-18 person who violates NRS 200.5093 or 432B.220 or sections 8 to 15,

20-19 inclusive, of this act before October 1, 1999.

20-20 Sec. 25. 1. This section and sections 1 to 22, inclusive, and 24 of

20-21 this act become effective on October 1, 1999.

20-22 2. Section 22 of this act expires by limitation on June 30, 2001.

20-23 3. Section 23 of this act becomes effective on July 1, 2001.