AB267

Assembly Bill No. 267–Assemblymen Perkins, Williams, Lee, Carpenter,

Ohrenschall, Thomas, de Braga, Berman, Claborn, Anderson, Collins,

Parnell, Neighbors, Mortenson, Segerblom, Buckley, Freeman,

Evans, Goldwater, Brower, Chowning, McClain, Parks, Manendo,

Bache, Tiffany, Hettrick, Price, Gibbons, Leslie, Nolan, Beers,

Giunchigliani and Dini

Joint Sponsors: Senators James, Rawson, Coffin, O’Donnell, Titus,

Amodei, Care, Carlton, Mathews, Neal, Porter, Schneider, Shaffer,

Washington and Wiener

CHAPTER........

AN ACT relating to public safety; requiring a person to report certain violent or sexual

offenses against a child to a law enforcement agency under certain circumstances;

providing a penalty; revising the provisions governing reports of the abuse or

neglect of a child and reports of the abuse, neglect, exploitation or isolation of

persons who are 60 years of age or older; and providing other matters properly

relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

new section to read as follows:

For the purposes of NRS 200.5091 to 200.50995, inclusive, 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.

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

200.5092 As used in NRS 200.5091 to 200.50995, inclusive, and

section 1 of this act, unless the context otherwise requires:

1. "Abuse" means willful and unjustified:

(a) Infliction of pain, injury or mental anguish on an older person; or

(b) Deprivation of food, shelter, clothing or services which are

necessary to maintain the physical or mental health of an older person.

2. "Exploitation" means any act taken by a person who has the trust

and confidence of an older person or any use of the power of attorney or

guardianship of an older person to obtain control, through deception,

intimidation or undue influence, over the older person’s money, assets or
property with the intention of permanently depriving the older person of the

ownership, use, benefit or possession of his money, assets or property. As

used in this subsection, "undue influence" does not include the normal

influence that one member of a family has over another.

3. "Isolation" means willfully, maliciously and intentionally preventing

an older person from having contact with another person by:

(a) Intentionally preventing the older person from receiving his visitors,

mail or telephone calls, including, without limitation, communicating to a

person who comes to visit the older person or a person who telephones the

older person that the older person is not present or does not want to meet

with or talk to the visitor or caller knowing that the statement is false,

contrary to the express wishes of the older person and intended to prevent

the older person from having contact with the visitor; or

(b) Physically restraining the older person to prevent the older person

from meeting with a person who comes to visit the older person.

The term does not include an act intended to protect the property or

physical or mental welfare of the older person or an act performed pursuant

to the instructions of a physician of the older person.

4. "Neglect" means the failure of:

(a) A person who has assumed legal responsibility or a contractual

obligation for caring for an older person or who has voluntarily assumed

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

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

person; or

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

do so.

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

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

prevent and remedy the abuse, neglect, exploitation and isolation of older

persons. The services may include investigation, evaluation, counseling,

arrangement and referral for other services and assistance.

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

200.5093 1. [~~A person required to make a report pursuant to this~~

section shall make the report immediately, but in no event later than 24

hours after there is reason to believe that an older person has been abused,

neglected, exploited or isolated. The report must be made to:

~~(a)]~~ Any person who is described in subsection 4 and who, in his

professional or occupational capacity, knows or has reasonable cause to

believe that an older person has been abused, neglected, exploited or

isolated shall:

(a) Except as otherwise provided in subsection 2, report the abuse,

neglect, exploitation or isolation of the older person to:

(1) The local office of the aging services division of the department of

human resources;

[~~(b)]~~ (2) A police department or sheriff’s office;

[~~(c)]~~ (3) The county’s office for protective services, if one exists in the

county where the suspected action occurred; or

[~~(d)]~~ (4) A toll-free telephone service designated by the aging services

division of the department of human resources [.

~~If the report of]~~ ; 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 older person has been abused, neglected, exploited or isolated.

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

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

neglect, exploitation or isolation of [~~an]~~ the older person involves an act or

omission of the aging services division or a law enforcement agency, the

person shall make the report [~~must be made]~~ to an agency other than the

one alleged to have committed the act or omission.

3. Each agency, after reducing [~~the]~~ a report to writing, shall forward a

copy of the report to the aging services division of the department of human

resources.

[~~2. Reports]~~

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

persons : [~~who, in their professional or occupational capacities, know or~~

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

neglected, exploited or isolated:]

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist,

podiatric physician, medical examiner, resident, intern, professional or

practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

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

ambulance, advanced emergency medical technician or other person

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

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

abused, neglected, exploited or isolated.

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

admission, examination, care or treatment of persons or an administrator,

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

notification of the suspected abuse, neglect, exploitation or isolation of an

older person by a member of the staff of the hospital.

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

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

isolation of the older person from the offender during a confession.

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

nursing in the home.

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

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

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

(g) Any employee of the department of human resources

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

protective services or an adult or juvenile probation officer.

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

establishment that provides care for older persons.

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

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

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

persons and agencies where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or mortuary.

[~~3.]~~ 5. A report may be [~~filed]~~ made by any other person.

[~~4. A]~~

6. If a person who is required to make a report pursuant to [~~this section~~

~~who]~~ subsection 1 knows or has reasonable cause to believe that an older

person has died as a result of abuse, neglect or isolation , the person shall ,

as soon as reasonably practicable, report this belief to the appropriate

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

the older person and submit to the appropriate local law enforcement

agencies, the appropriate prosecuting attorney and the aging services

division of the department of human resources his written findings. The

written findings must include the information required pursuant to the

provisions of NRS 200.5094, when possible.

[~~5.]~~ 7. A division, office or department which receives a report

pursuant to this section shall cause the investigation of the report to

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

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

aging services division of the department of human resources, must be

forwarded to the aging services division within 90 days after the

completion of the report.

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

[~~the]~~ an older person is abused, neglected, exploited or isolated, the aging

services division of the department of human resources or the county’s

office for protective services may provide protective services to the older

person if he is able and willing to accept them.

[~~7.]~~ 9. A person who knowingly and willfully violates any of the

provisions of this section is guilty of a misdemeanor.

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

200.5094 1. [~~The report required]~~ A person may make a report

pursuant to NRS 200.5093 [~~may be made orally,]~~ by telephone or

~~[otherwise. The]~~ , in light of all the surrounding facts and circumstances

which are known or which reasonably should be known to the person at

the time, by any other means of oral, written or electronic

communication that a reasonable person would believe, under those facts

and circumstances, is a reliable and swift means of communicating

information to the person who receives the report. If the report is made

orally, the person who receives the report must reduce it to writing as soon

as [~~possible.]~~ reasonably practicable.

2. The report must contain the following information, when possible:

(a) The name and address of the older person;

(b) The name and address of the person responsible for his care, if there

is one;

have abused, neglected, exploited or isolated the older person;

(d) The nature and extent of the abuse, neglect, exploitation or isolation

of the older person;

(e) Any evidence of previous injuries; and

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

abused, neglected, exploited or isolated.

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

200.50984 1. Notwithstanding any other statute to the contrary, the

local office of the aging services division of the department of human

resources and a county’s office for protective services, if one exists in the

county where a violation is alleged to have occurred, may for the purpose

of investigating an alleged violation of NRS 200.5091 to 200.50995,

inclusive, and section 1 of this act inspect all records pertaining to the

older person on whose behalf the investigation is being conducted,

including, but not limited to, that person’s medical and financial records.

2. Except as otherwise provided in this subsection, if a guardian has

not been appointed for the older person, the aging services division or the

county’s office for protective services shall obtain the consent of the older

person before inspecting those records. If the aging services division or the

county’s office for protective services determines that the older person is

unable to consent to the inspection, the inspection may be conducted

without his consent. Except as otherwise provided in this subsection, if a

guardian has been appointed for the older person, the aging services

division or the county’s office for protective services shall obtain the

consent of the guardian before inspecting those records. If the aging

services division or the county’s office for protective services has [~~reason]~~

reasonable cause to believe that the guardian is abusing, neglecting,

exploiting or isolating the older person, the inspection may be conducted

without the consent of the guardian, except that if the records to be

inspected are in the personal possession of the guardian, the inspection

must be approved by a court of competent jurisdiction.

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

200.50986 The local office of the aging services division or the

county’s office for protective services may petition a court in accordance

with NRS 159.185 or 159.1905 for the removal of the guardian of an older

person, or the termination or modification of that guardianship, if, based on

its investigation, the aging services division or the county’s office of

protective services has [~~reason]~~ reasonable cause to believe that the

guardian is abusing, neglecting, exploiting or isolating the older person in

violation of NRS 200.5095 to 200.50995, inclusive [.] , and section 1 of

this act.

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

provisions set forth as sections 8 to 16, inclusive, of this act.

Sec. 8. As used in sections 8 to 16, inclusive, of this act, unless the

context otherwise requires, the words and terms defined in sections 9 and

10 of this act have the meanings ascribed to them in those sections.

Sec. 9. "Law enforcement agency" means:

1. The office of the attorney general or the office of a district

attorney within this state and any attorney, investigator, special

investigator or employee who is acting in his professional or

occupational capacity for such an office; or

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

officer or employee who is acting in his professional or occupational

capacity for such an agency.

Sec. 10. "Violent or sexual offense" means any act that, if

prosecuted in this state, would constitute any of the following offenses:

1. Murder or voluntary manslaughter pursuant to NRS 200.010 to

200.260, inclusive.

2. Mayhem pursuant to NRS 200.280.

3. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.

4. Sexual assault pursuant to NRS 200.366.

5. Robbery pursuant to NRS 200.380.

6. Administering poison or another noxious or destructive substance

or liquid with intent to cause death pursuant to NRS 200.390.

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

8. Administering a drug or controlled substance to another person

with the intent to enable or assist the commission of a felony or crime of

violence pursuant to NRS 200.405 or 200.408.

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

imprisonment involves the use or threatened use of force or violence

against the victim or the use or threatened use of a firearm or a deadly

weapon.

10. Assault with a deadly weapon pursuant to NRS 200.471.

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

which results in substantial bodily harm pursuant to NRS 200.481.

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

200.710 or 200.720.

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

infamous crime against nature pursuant to NRS 201.195.

14. Intentional transmission of the human immunodeficiency virus

pursuant to NRS 201.205.

15. Open or gross lewdness pursuant to NRS 201.210.

16. Lewdness with a child pursuant to NRS 201.230.

17. An offense involving pandering or prostitution in violation of

NRS 201.300, 201.320 or 201.340.

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

use or threatened use of force or violence against the victim or the use or

threatened use of a firearm or a deadly weapon.

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

in subsections 1 to 18, inclusive.

Sec. 11. For the purposes of sections 8 to 16, inclusive, of this act, 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.

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

facts and circumstances which are known or which reasonably should be

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

electronic communication that a reasonable person would believe, under

those facts and circumstances, is a reliable and swift means of

communicating information to the person who receives the information.

Sec. 12. 1. Except as otherwise provided in sections 13 and 14 of

this act, a person who knows or has reasonable cause to believe that

another person has committed a violent or sexual offense against a child

who is 12 years of age or younger shall:

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

child to a law enforcement agency; 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 other person has committed the violent or sexual offense against

the child.

2. A person who knowingly and willfully violates the provisions of

subsection 1 is guilty of a misdemeanor.

3. A report made pursuant to this section must include, without

limitation:

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

committed the violent or sexual offense against the child;

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

and

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

the violent or sexual offense was committed.

Sec. 13. 1. A person may not be prosecuted or convicted pursuant

to section 12 of this act unless a court in this state or any other

jurisdiction has entered a judgment of conviction against a culpable

actor for:

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

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

sexual offense against the child.

2. For any violation of section 12 of this act, an indictment must be

found or an information or complaint must be filed within 1 year after

the date on which:

(a) A court in this state or any other jurisdiction has entered a

judgment of conviction against a culpable actor as provided in subsection

1; or

(b) The violation is discovered,

whichever occurs later.

3. For the purposes of this section:

(a) A court in "any other jurisdiction" includes, without limitation, a

tribal court or a court of the United States or the Armed Forces of the

United States.

(b) "Convicted" and "conviction" mean a judgment based upon:

(1) A plea of guilty, guilty but mentally ill or nolo contendere;

(2) A finding of guilt by a jury or a court sitting without a jury;

(3) An adjudication of delinquency or finding of guilt by a court

having jurisdiction over juveniles; or

(4) Any other admission or finding of guilt in a criminal action or a

proceeding in a court having jurisdiction over juveniles.

(c) A court "enters" a judgment of conviction against a person on the

date on which guilt is admitted, adjudicated or found, whether or not:

(1) The court has imposed a sentence, a penalty or other sanction

for the conviction; or

(2) The person has exercised any right to appeal the conviction.

(d) "Culpable actor" means a person who:

(1) Causes or perpetrates an unlawful act;

(2) Aids, abets, commands, counsels, encourages, hires, induces,

procures or solicits another person to cause or perpetrate an unlawful

act; or

(3) Is a principal in any degree, accessory before or after the fact,

accomplice or conspirator to an unlawful act.

Sec. 14. The provisions of section 12 of this act do not apply to a

person who:

1. Is less than 16 years of age;

2. Is, by blood or marriage, the spouse, brother, sister, parent,

grandparent, child or grandchild of:

(a) The child who is the victim of the violent or sexual offense; or

(b) The person who committed the violent or sexual offense against

the child;

3. Suffers from a mental or physical impairment or disability that, in

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

impracticable for the person to report the commission of the violent or

sexual offense against the child to a law enforcement agency;

4. Knows or has reasonable cause to believe that reporting the

violent or sexual offense against the child to a law enforcement agency

would place the person or any other person who is related to him by

blood or marriage or who resides in the same household as him, whether

or not the other person is related to him by blood or marriage, in

imminent danger of suffering substantial bodily harm;

5. Became aware of the violent or sexual offense against the child

through a communication or proceeding that is protected by a privilege

set forth in chapter 49 of NRS; or

6. Is acting in his professional or occupational capacity and is

required to report the abuse or neglect of a child pursuant to NRS

432B.220.

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

to section 12 of this act makes such a report in good faith and in

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

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

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

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

accessory or conspirator to the violent or sexual offense against the child,

regardless of the nature of the other act or omission.

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

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

agency in good faith, the person is immune from civil or criminal

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

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

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

accessory or conspirator to the violent or sexual offense against the child,

regardless of the nature of the other act or omission.

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

enforcement agency that another person has committed a violent or

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

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

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

being prosecuted for a criminal violation, including, without limitation, a

violation of the provisions of NRS 207.280.

Sec. 16. If a person reports to a law enforcement agency that

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

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

section 12 of this act, and the violent or sexual offense against the child

would constitute abuse or neglect of a child, as defined in NRS 432B.020,

the report made by the person shall be deemed to be a report of the abuse

or neglect of the child that has been made pursuant to NRS 432B.220

and:

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

chapter 432B of NRS; and

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

are made pursuant to NRS 432B.220.

Sec. 17. NRS 171.090 is hereby amended to read as follows:

171.090 Except as otherwise provided in NRS 171.095 [,] and section

13 of this act, an indictment for:

1. A gross misdemeanor must be found, or an information or complaint

filed, within 2 years after the commission of the offense.

2. Any other misdemeanor must be found, or an information or

complaint filed, within 1 year after [~~its commission.~~] the commission of

the offense.

Sec. 18. NRS 171.095 is hereby amended to read as follows:

171.095 1. Except as otherwise provided in subsection 2 and NRS

171.083:

(a) If a felony, gross misdemeanor or misdemeanor is committed in a

secret manner, an indictment for the offense must be found, or an

information or complaint filed, within the periods of limitation prescribed

in NRS 171.085 and 171.090 after the discovery of the offense , unless a

longer period is allowed by paragraph (b) [.] or the provisions of section

13 of this act.

(b) An indictment must be found, or an information or complaint filed,

for any offense constituting sexual abuse of a child, as defined in NRS

432B.100, before the victim of the sexual abuse is:

(1) Twenty-one years old if he discovers or reasonably should have

discovered that he was a victim of the sexual abuse by the date on which he

reaches that age; or

(2) Twenty-eight years old if he does not discover and reasonably

should not have discovered that he was a victim of the sexual abuse by the

date on which he reaches 21 years of age.

2. If any indictment found, or an information or complaint filed, within

the time prescribed in subsection 1 is defective so that no judgment can be

given thereon, another prosecution may be instituted for the same offense

within 6 months after the first is abandoned.

Sec. 19. Chapter 432B of NRS is hereby amended by adding thereto a

new section to read as follows:

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.

Sec. 20. NRS 432B.160 is hereby amended to read as follows:

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

every person who in good faith:

(a) Makes a report pursuant to [~~the provisions of]~~ NRS 432B.220;

(b) Conducts an interview or allows an interview to be taken pursuant to

NRS 432B.270;

(d) Causes a medical test to be performed pursuant to NRS 432B.270;

(e) Provides a record, or a copy thereof, of a medical test performed

pursuant to NRS 432B.270 to an agency that provides protective services to

the child, a law enforcement agency that participated in the investigation of

the report of abuse or neglect of the child or the prosecuting attorney’s

office;

(f) Holds a child pursuant to NRS 432B.400 or places a child in

protective custody;

(g) Refers a case or recommends the filing of a petition pursuant to NRS

432B.380; or

(h) Participates in a judicial proceeding resulting from a referral or

recommendation.

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

(a) Making a report pursuant to [~~subsection 2 of]~~ NRS 432B.220; or

(b) Any of the acts set forth in paragraphs (b) to (h), inclusive, of

subsection 1,

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

Sec. 21. NRS 432B.220 is hereby amended to read as follows:

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

in subsection 3 and who, in his professional or occupational capacity,

knows or has reasonable cause to believe that a child has been abused or

neglected shall:

(a) Except as otherwise provided in subsection 2, report the abuse or

neglect of the child to an agency which provides protective services or to a

law enforcement agency [~~immediately, but in no event]~~ ; and

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

than 24 hours after [~~there is reason]~~ the person knows or has reasonable

cause to believe that [a] the child has been abused or neglected.

2. If [~~the report of]~~ a person who is required to make a report

pursuant to subsection 1 knows or has reasonable cause to believe that

the abuse or neglect of [a] the child involves [~~the acts or omissions]~~ an act

or omission of:

(a) A person directly responsible or serving as a volunteer for or an

employee of a public or private home, institution or facility where the child

is receiving child care outside of his home for a portion of the day, the

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

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

agency, the person shall make the report [~~must be made to and the~~

~~investigation made by]~~ to an agency other than the one alleged to have

committed the [~~acts or omissions.~~

~~2. Reports]~~ act or omission, and the investigation of the abuse or

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

alleged to have committed the act or omission.

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

persons : [~~who, in their professional or occupational capacities, know or~~

~~have reason to believe that a child has been abused or neglected:]~~

(a) A physician, dentist, dental hygienist, chiropractor, optometrist,

podiatric physician, medical examiner, resident, intern, professional or

practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

and family therapist, alcohol or drug abuse counselor, advanced emergency

medical technician or other person providing medical services licensed or

certified in this state;

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

admission, examination, care or treatment of persons or an administrator,

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

notification of suspected abuse or neglect of a child by a member of the

staff of the hospital;

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

unless he has acquired the knowledge of the abuse or neglect from the

offender during a confession;

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

of a school;

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

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

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

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

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

juvenile probation officer;

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

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

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

for an agency or service which advises persons regarding abuse or neglect

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

needs can be met.

[~~3.]~~ 4. A report may be made by any other person.

[~~4. Any]~~

5. If a person who is required to make a report [~~under this section~~

~~who]~~ pursuant to subsection 1 knows or has reasonable cause to believe

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

soon as reasonably practicable, report this belief to the appropriate

medical examiner or coroner, who shall investigate the report and submit to

an agency which provides protective services his written findings . [,

~~which]~~ The written findings must include , if obtainable, the information

required [~~under]~~ pursuant to the provisions of subsection 2 of NRS

432B.230.

Sec. 22. NRS 432B.230 is hereby amended to read as follows:

432B.230 1. [~~The report required under the provisions of subsection~~

~~1 of]~~ A person may make a report pursuant to NRS 432B.220 [~~may be~~

~~made verbally,]~~ by telephone or [~~otherwise.]~~ , in light of all the

surrounding facts and circumstances which are known or which

reasonably should be known to the person at the time, by any other

means of oral, written or electronic communication that a reasonable

person would believe, under those facts and circumstances, is a reliable

and swift means of communicating information to the person who

receives the report. If the report is made orally, the person who receives

the report must reduce it to writing as soon as reasonably practicable.

2. The report must contain the following information, if obtainable:

(a) The name, address, age and sex of the child;

(b) The name and address of the child’s parents or other person

responsible for his care;

(d) Any evidence of previously known or suspected abuse or neglect of

the child or the child’s siblings;

(e) The name, address and relationship, if known, of the person who is

alleged to have abused or neglected the child; and

(f) Any other information known to the person making the report that

the agency which provides protective services considers necessary.

Sec. 23. NRS 432B.250 is hereby amended to read as follows:

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

pursuant to NRS 432B.220 may not invoke any of the privileges [~~granted~~

~~under]~~ set forth in chapter 49 of NRS:

1. For his failure to make a report [~~as required under]~~ pursuant to

NRS 432B.220;

2. In cooperating with an agency which provides protective services or

a guardian ad litem for a child; or

3. In any proceeding held pursuant to NRS 432B.410 to 432B.590,

inclusive.

Sec. 24. NRS 432B.290 is hereby amended to read as follows:

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

or information concerning reports and investigations thereof made pursuant

to this chapter may be made available only to:

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

[~~reasonably believes may have]~~ has reasonable cause to believe has been

abused or neglected;

(b) A person authorized to place a child in protective custody, if [~~he]~~ the

person has before him a child who he [~~reasonably believes may have]~~ has

reasonable cause to believe has been abused or neglected and [~~he]~~ the

person requires the information to determine whether to place the child in

protective custody;

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 abuse or

neglect of a child;

(e) A 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 him;

(g) The guardian ad litem of the child;

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

necessary in the conduct of its official business;

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

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

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

agreement with an agency which provides protective services to provide

assessments or services and that has been trained to make such assessments

or provide such services;

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

432B.350;

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

child;

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

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

public agency is kept confidential;

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

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

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

facilities for children or to investigate persons applying for approval to

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

investigating an applicant to adopt a child;

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

or county thereof or legislator authorized by the agency or department

having jurisdiction or by the legislature, acting within its jurisdiction, to

investigate the activities or programs of an agency that provides protective

services if:

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

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

alleged to have committed the abuse or neglect;
(q) The division of parole and probation of the department of motor

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

presentence investigation and report to the district court; or

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

report to an agency which provides protective services or to a law

enforcement agency.

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

concerning reports and investigations thereof made pursuant to this chapter

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

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

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

disclosed is limited to:

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

appropriate, a factual description of the contents of the report;

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

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

to subsection 4.

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

or information pursuant to subsection 2 if the agency determines that the

disclosure is not in the best interests of the child or if disclosure of the

information would adversely affect any pending investigation concerning

the report.

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

disclosure of additional information to the public pursuant to subsection 2

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

information.

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

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

causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by

the person named in the report as allegedly causing the abuse or neglect of

the child; or

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

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

allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is

named in the report as allegedly causing the abuse or neglect of the child.

The summary must not identify the person responsible for reporting the

alleged abuse or neglect.

6. Any person, except for:

(a) The subject of a report;

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

proceedings; or
(c) An employee of the division of parole and probation of the

department of motor vehicles and public safety making a presentence

investigation and report to the district court pursuant to NRS 176.135,

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

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

is guilty of a misdemeanor.

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

carry out the provisions of this section.

Sec. 25. NRS 432B.290 is hereby amended to read as follows:

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

information concerning reports and investigations thereof made pursuant to

this chapter may be made available only to:

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

[~~reasonably believes may have]~~ has reasonable cause to believe has been

abused or neglected;

(b) A person authorized to place a child in protective custody, if [~~he]~~ the

person has before him a child who he [~~reasonably believes may have]~~ has

reasonable cause to believe has been abused or neglected and [~~he]~~ the

person requires the information to determine whether to place the child in

protective custody;

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 abuse or

neglect of a child;

(e) A 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 him;

(g) The guardian ad litem of the child;

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

necessary in the conduct of its official business;

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

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

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

432B.350;

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

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

public agency is kept confidential;

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

neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency that is authorized by law to license foster homes or

facilities for children or to investigate persons applying for approval to

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

investigating an applicant to adopt a child;

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

or county thereof or legislator authorized, by the agency or department

having jurisdiction or by the legislature, acting within its jurisdiction, to

investigate the activities or programs of an agency that provides protective

services if:

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

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

alleged to have committed the abuse or neglect; or

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

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

presentence investigation and report to the district court.

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

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

causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by

the person named in the report as allegedly causing the abuse or neglect of

the child; or

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

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

allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is

named in the report as allegedly causing the abuse or neglect of the child.

The summary must not identify the person responsible for reporting the

alleged abuse or neglect.

3. Any person, except for:

(a) The subject of a report;

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

proceedings; or

department of motor vehicles and public safety making a presentence

investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1, to information identifying the

subjects of a report and who makes this information public is guilty of a

misdemeanor.

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

carry out the provisions of this section.

Sec. 26. The amendatory provisions of this act do not apply to a person

who violates NRS 200.5093 or 432B.220 or section 12 of this act before

October 1, 1999.

Sec. 27. 1. This section and sections 1 to 24, inclusive, and 26 of this

act become effective on October 1, 1999.

2. Section 24 of this act expires by limitation on June 30, 2001.

3. Section 25 of this act becomes effective on July 1, 2001.