EMERGENCY REQUEST of Senate Majority Leader

Senate Bill No. 553–Senator Raggio

May 28, 1999

____________

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.

~

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).

 

AN ACT relating to the protection of children; providing that certain reasonable acts of discipline by a parent or guardian of a child do not warrant action by an agency which provides protective services to children or a law enforcement agency; providing that references to such acts must be expunged from the records of the agency which provides protective services to children or the law enforcement agency; and providing other matters properly relating thereto.

 

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:

1-2 432B.260 1. Upon the receipt of a report concerning the possible

1-3 abuse or neglect of a child, an agency which provides protective services or

1-4 a law enforcement agency shall promptly notify the appropriate licensing

1-5 authority, if any. A law enforcement agency shall promptly notify an

1-6 agency which provides protective services of any report it receives.

1-7 2. Upon receipt of a report concerning the possible abuse or neglect of

1-8 a child, an agency which provides protective services or a law enforcement

1-9 agency shall immediately initiate an investigation if the report indicates

1-10 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; or

1-13 (c) The child is dead, is seriously injured or has visible signs of physical

1-14 abuse.

2-1 3. Except as otherwise provided in subsection 2, upon receipt of a

2-2 report concerning the possible abuse or neglect of a child or notification

2-3 from a law enforcement agency that the law enforcement agency has

2-4 received such a report, an agency which provides protective services shall

2-5 conduct an evaluation not later than 3 days after the report or notification

2-6 was received to determine whether an investigation is warranted. For the

2-7 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 his

2-11 immediate health or safety; [or]

2-12 (c) The alleged abuse or neglect could be eliminated if the child and his

2-13 family receive or participate in social or health services offered in the

2-14 community, or both [.] ; or

2-15 (d) The agency determines that the:

2-16 (1) Alleged abuse or neglect was the result of the reasonable

2-17 exercise of discipline by a parent or guardian of the child involving the

2-18 use of corporal punishment, including, without limitation, spanking or

2-19 paddling; and

2-20 (2) Corporal punishment so administered was not so excessive as to

2-21 constitute abuse or neglect as described in NRS 432B.150.

2-22 4. If the agency determines that an investigation is warranted, the

2-23 agency shall initiate the investigation not later than 3 days after the

2-24 evaluation is completed.

2-25 5. [If] Except as otherwise provided in this subsection, if the agency

2-26 determines that an investigation is not warranted, the agency may, as

2-27 appropriate:

2-28 (a) Provide counseling, training or other services relating to child abuse

2-29 and neglect to the family of the child, or refer the family to a person that

2-30 has entered into an agreement with the agency to provide those services; or

2-31 (b) Conduct an assessment of the family of the child to determine what

2-32 services, if any, are needed by the family and, if appropriate, provide any

2-33 such services or refer the family to a person that has entered into a written

2-34 agreement with the agency to make such an assessment.

2-35 If an agency determines that an investigation is not warranted for the

2-36 reason set forth in paragraph (d) of subsection 3, the agency shall take

2-37 no further action in regard to the matter and shall expunge all references

2-38 to the matter from its records.

2-39 6. If an agency which provides protective services enters into an

2-40 agreement with a person to provide services to a child or his family

2-41 pursuant to subsection 5, the agency shall require the person to notify the

2-42 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 safety

3-2 of the child.

3-3 7. An agency which provides protective services that determines that

3-4 an investigation is not warranted may, at any time, reverse that

3-5 determination and initiate an investigation.

3-6 8. An agency which provides protective services and a law

3-7 enforcement agency shall cooperate in the investigation, if any, of a report

3-8 of abuse or neglect of a child.

3-9 Sec. 2. NRS 432B.260 is hereby amended to read as follows:

3-10 432B.260 1. Upon receipt of a report concerning the possible abuse

3-11 or neglect of a child, an agency which provides protective services or a law

3-12 enforcement agency shall promptly notify the appropriate licensing

3-13 authority, if any, and, within 3 working days, initiate an investigation. A

3-14 law enforcement agency shall promptly notify an agency which provides

3-15 protective services of any report it receives.

3-16 2. An agency which provides protective services and a law

3-17 enforcement agency shall cooperate in the investigation, if any, of a report

3-18 of abuse or neglect of a child.

3-19 3. If an agency which provides protective services or a law

3-20 enforcement agency determines pursuant to an investigation initiated

3-21 pursuant to this section that the:

3-22 (a) Alleged abuse or neglect was the result of the reasonable exercise

3-23 of discipline by a parent or guardian of the child involving the use of

3-24 corporal punishment, including, without limitation, spanking or

3-25 paddling; and

3-26 (b) Corporal punishment so administered was not so excessive as to

3-27 constitute abuse or neglect as described in NRS 432B.150,

3-28 the agency which provides protective services or the law enforcement

3-29 agency shall take no further action in regard to the matter and shall

3-30 expunge all references to the matter from its records.

3-31 Sec. 3. NRS 432B.310 is hereby amended to read as follows:

3-32 432B.310 [The] Except as otherwise provided in subsection 5 of NRS

3-33 432B.260, the agency investigating a report of abuse or neglect of a child

3-34 shall, upon completing the investigation, report to the central registry:

3-35 1. Identifying and demographic information on the child alleged to be

3-36 abused or neglected, his parents, any other person responsible for his

3-37 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 type

3-39 of alleged abuse or neglect, the manner in which the abuse was inflicted

3-40 and the severity of the injuries; and

3-41 3. The disposition of the case.

4-1 Sec. 4. NRS 432B.310 is hereby amended to read as follows:

4-2 432B.310 Except as otherwise provided in subsection [5] 3 of NRS

4-3 432B.260, the agency investigating a report of abuse or neglect of a child

4-4 shall, upon completing the investigation, report to the central registry:

4-5 1. Identifying and demographic information on the child alleged to be

4-6 abused or neglected, his parents, any other person responsible for his

4-7 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 type

4-9 of alleged abuse or neglect, the manner in which the abuse was inflicted

4-10 and the severity of the injuries; and

4-11 3. The disposition of the case.

4-12 Sec. 5. 1. This section and sections 1 and 3 of this act become

4-13 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.

~