EMERGENCY REQUEST of Senate Majority Leader
Senate Bill No. 553–Senator Raggio
May 28, 1999
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Referred to Committee on Human Resources and Facilities
SUMMARY—Revises provisions regarding protection of children. (BDR 38-1780)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 432B.260 is hereby amended to read as follows: 432B.260 1. Upon the receipt of a report concerning the possible1-3
abuse or neglect of a child, an agency which provides protective services or1-4
a law enforcement agency shall promptly notify the appropriate licensing1-5
authority, if any. A law enforcement agency shall promptly notify an1-6
agency which provides protective services of any report it receives.1-7
2. Upon receipt of a report concerning the possible abuse or neglect of1-8
a child, an agency which provides protective services or a law enforcement1-9
agency shall immediately initiate an investigation if the report indicates1-10
that:1-11
(a) The child is 5 years of age or younger;1-12
(b) There is a high risk of serious harm to the child; or1-13
(c) The child is dead, is seriously injured or has visible signs of physical1-14
abuse.2-1
3. Except as otherwise provided in subsection 2, upon receipt of a2-2
report concerning the possible abuse or neglect of a child or notification2-3
from a law enforcement agency that the law enforcement agency has2-4
received such a report, an agency which provides protective services shall2-5
conduct an evaluation not later than 3 days after the report or notification2-6
was received to determine whether an investigation is warranted. For the2-7
purposes of this subsection, an investigation is not warranted if:2-8
(a) The child is not in imminent danger of harm;2-9
(b) The child is not vulnerable as the result of any untreated injury,2-10
illness or other physical, mental or emotional condition that threatens his2-11
immediate health or safety;2-12
(c) The alleged abuse or neglect could be eliminated if the child and his2-13
family receive or participate in social or health services offered in the2-14
community, or both2-15
(d) The agency determines that the:2-16
(1) Alleged abuse or neglect was the result of the reasonable2-17
exercise of discipline by a parent or guardian of the child involving the2-18
use of corporal punishment, including, without limitation, spanking or2-19
paddling; and2-20
(2) Corporal punishment so administered was not so excessive as to2-21
constitute abuse or neglect as described in NRS 432B.150.2-22
4. If the agency determines that an investigation is warranted, the2-23
agency shall initiate the investigation not later than 3 days after the2-24
evaluation is completed.2-25
5.2-26
determines that an investigation is not warranted, the agency may, as2-27
appropriate:2-28
(a) Provide counseling, training or other services relating to child abuse2-29
and neglect to the family of the child, or refer the family to a person that2-30
has entered into an agreement with the agency to provide those services; or2-31
(b) Conduct an assessment of the family of the child to determine what2-32
services, if any, are needed by the family and, if appropriate, provide any2-33
such services or refer the family to a person that has entered into a written2-34
agreement with the agency to make such an assessment.2-35
If an agency determines that an investigation is not warranted for the2-36
reason set forth in paragraph (d) of subsection 3, the agency shall take2-37
no further action in regard to the matter and shall expunge all references2-38
to the matter from its records.2-39
6. If an agency which provides protective services enters into an2-40
agreement with a person to provide services to a child or his family2-41
pursuant to subsection 5, the agency shall require the person to notify the2-42
agency if the child or his family refuse or fail to participate in the services,3-1
or if the person determines that there is a serious risk to the health or safety3-2
of the child.3-3
7. An agency which provides protective services that determines that3-4
an investigation is not warranted may, at any time, reverse that3-5
determination and initiate an investigation.3-6
8. An agency which provides protective services and a law3-7
enforcement agency shall cooperate in the investigation, if any, of a report3-8
of abuse or neglect of a child.3-9
Sec. 2. NRS 432B.260 is hereby amended to read as follows: 432B.260 1. Upon receipt of a report concerning the possible abuse3-11
or neglect of a child, an agency which provides protective services or a law3-12
enforcement agency shall promptly notify the appropriate licensing3-13
authority, if any, and, within 3 working days, initiate an investigation. A3-14
law enforcement agency shall promptly notify an agency which provides3-15
protective services of any report it receives.3-16
2. An agency which provides protective services and a law3-17
enforcement agency shall cooperate in the investigation, if any, of a report3-18
of abuse or neglect of a child.3-19
3. If an agency which provides protective services or a law3-20
enforcement agency determines pursuant to an investigation initiated3-21
pursuant to this section that the:3-22
(a) Alleged abuse or neglect was the result of the reasonable exercise3-23
of discipline by a parent or guardian of the child involving the use of3-24
corporal punishment, including, without limitation, spanking or3-25
paddling; and3-26
(b) Corporal punishment so administered was not so excessive as to3-27
constitute abuse or neglect as described in NRS 432B.150,3-28
the agency which provides protective services or the law enforcement3-29
agency shall take no further action in regard to the matter and shall3-30
expunge all references to the matter from its records.3-31
Sec. 3. NRS 432B.310 is hereby amended to read as follows: 432B.3103-33
432B.260, the agency investigating a report of abuse or neglect of a child3-34
shall, upon completing the investigation, report to the central registry:3-35
1. Identifying and demographic information on the child alleged to be3-36
abused or neglected, his parents, any other person responsible for his3-37
welfare and the person allegedly responsible for the abuse or neglect;3-38
2. The facts of the alleged abuse or neglect, including the date and type3-39
of alleged abuse or neglect, the manner in which the abuse was inflicted3-40
and the severity of the injuries; and3-41
3. The disposition of the case.4-1
Sec. 4. NRS 432B.310 is hereby amended to read as follows: 432B.310 Except as otherwise provided in subsection4-3
432B.260, the agency investigating a report of abuse or neglect of a child4-4
shall, upon completing the investigation, report to the central registry:4-5
1. Identifying and demographic information on the child alleged to be4-6
abused or neglected, his parents, any other person responsible for his4-7
welfare and the person allegedly responsible for the abuse or neglect;4-8
2. The facts of the alleged abuse or neglect, including the date and type4-9
of alleged abuse or neglect, the manner in which the abuse was inflicted4-10
and the severity of the injuries; and4-11
3. The disposition of the case.4-12
Sec. 5. 1. This section and sections 1 and 3 of this act become4-13
effective upon passage and approval.4-14
2. Sections 2 and 4 of this act become effective on June 30, 2001.4-15
3. Sections 1 and 3 of this act expire by limitation on June 30, 2001.~