Assembly Bill No. 264–Assemblymen Buckley, Tiffany, Parks, Manendo, Koivisto, Giunchigliani, Anderson, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Lee, Marvel, McClain, Mortenson, Neighbors, Oceguera, Parnell, Perkins, Price, Smith, and Von Tobel

 

March 1, 2001

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Authorizes counties to designate certain shelters as approved youth shelters for runaway or homeless youths. (BDR 38‑115)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; revising provisions governing the duty of certain persons to report the abuse or neglect of children; authorizing a county to adopt ordinances regarding the designation and operation of approved youth shelters; providing that approved youth shelters are immune from civil liability under certain circumstances; 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.220 is hereby amended to read as follows:

1-2    432B.220  1.  Any person who is described in subsection 3 and who,

1-3  in his professional or occupational capacity, knows or has reasonable cause

1-4  to believe that a child has been abused or neglected shall:

1-5    (a) Except as otherwise provided in subsection 2, report the abuse or

1-6  neglect of the child to an agency which provides protective services or to a

1-7  law enforcement agency; and

1-8    (b) Make such a report as soon as reasonably practicable but not later

1-9  than 24 hours after the person knows or has reasonable cause to believe

1-10  that the child has been abused or neglected.

1-11    2.  If a person who is required to make a report pursuant to subsection 1

1-12  knows or has reasonable cause to believe that the abuse or neglect of the

1-13  child involves an act or omission of:

2-1    (a) A person directly responsible or serving as a volunteer for or an

2-2  employee of a public or private home, institution or facility where the child

2-3  is receiving child care outside of his home for a portion of the day, the

2-4  person shall make the report to a law enforcement agency.

2-5    (b) An agency which provides protective services or a law enforcement

2-6  agency, the person shall make the report to an agency other than the one

2-7  alleged to have committed the act or omission, and the investigation of the

2-8  abuse or neglect of the child must be made by an agency other than the one

2-9  alleged to have committed the act or omission.

2-10    3.  A report must be made pursuant to subsection 1 by the following

2-11  persons:

2-12    (a) A physician, dentist, dental hygienist, chiropractor, optometrist,

2-13  podiatric physician, medical examiner, resident, intern, professional or

2-14  practical nurse, physician’s assistant, psychiatrist, psychologist, marriage

2-15  and family therapist, alcohol or drug abuse counselor, advanced emergency

2-16  medical technician or other person providing medical services licensed or

2-17  certified in this state;

2-18    (b) Any personnel of a hospital or similar institution engaged in the

2-19  admission, examination, care or treatment of persons or an administrator,

2-20  manager or other person in charge of a hospital or similar institution upon

2-21  notification of suspected abuse or neglect of a child by a member of the

2-22  staff of the hospital;

2-23    (c) A coroner;

2-24    (d) A clergyman, practitioner of Christian Science or religious healer,

2-25  unless he has acquired the knowledge of the abuse or neglect from the

2-26  offender during a confession;

2-27    (e) A social worker and an administrator, teacher, librarian or counselor

2-28  of a school;

2-29    (f) Any person who maintains or is employed by a facility or

2-30  establishment that provides care for children, children’s camp or other

2-31  public or private facility, institution or agency furnishing care to a child;

2-32    (g) Any person licensed to conduct a foster home;

2-33    (h) Any officer or employee of a law enforcement agency or an adult or

2-34  juvenile probation officer;

2-35    (i) An attorney, unless he has acquired the knowledge of the abuse or

2-36  neglect from a client who is or may be accused of the abuse or neglect;

2-37  [and]

2-38    (j) Any person who maintains, is employed by or serves as a volunteer

2-39  for an agency or service which advises persons regarding abuse or neglect

2-40  of a child and refers them to persons and agencies where their requests and

2-41  needs can be met[.] ; and

2-42    (k) Any person who is employed by or serves as a volunteer for an

2-43  approved youth shelter. As used in this paragraph, “approved youth

2-44  shelter” has the meaning ascribed to it in section 4 of this act.

2-45    4.  A report may be made by any other person.

2-46    5.  If a person who is required to make a report pursuant to subsection 1

2-47  knows or has reasonable cause to believe that a child has died as a result of

2-48  abuse or neglect, the person shall, as soon as reasonably practicable, report

2-49  this belief to the appropriate medical examiner or coroner, who shall

3-1  investigate the report and submit to an agency which provides protective

3-2  services his written findings. The written findings must include, if

3-3  obtainable, the information required pursuant to the provisions of

3-4  subsection 2 of NRS 432B.230.

3-5    Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto the

3-6  provisions set forth as sections 3 to 10, inclusive, of this act.

3-7    Sec. 3.  As used in sections 3 to 10, inclusive, of this act, unless the

3-8  context otherwise requires, the words and terms defined in sections 4 to

3-9  8, inclusive, of this act have the meanings ascribed to them in those

3-10  sections.

3-11    Sec. 4.  “Approved youth shelter” means a youth shelter that has

3-12  been designated as approved by a county pursuant to an ordinance

3-13  adopted pursuant to section 9 of this act.

3-14    Sec. 5.  “Necessary services” means:

3-15    1.  Food and access to overnight shelter.

3-16    2.  Counseling to address immediate emotional crises or problems.

3-17    3.  Outreach services to locate and assist runaway or homeless

3-18  youths.

3-19    4.  Screening for basic health needs and referrals to public and

3-20  private agencies for health care.

3-21    5.  Referrals to assistance and services offered by public and private

3-22  agencies.

3-23    6.  Long-term planning, placement and follow-up services.

3-24    Sec. 6.  “Runaway or homeless youth” means a youth who is:

3-25    1.  Without a place of shelter where supervision and care are

3-26  available; or

3-27    2.  Absent from his legal residence without the consent of his parent,

3-28  guardian or custodian.

3-29    Sec. 7.  “Youth” means a child who is:

3-30    1.  Twelve years of age or older;

3-31    2.  Unemancipated; and

3-32    3.  Mentally competent.

3-33    Sec. 8.  “Youth shelter” means an entity which is not operated for

3-34  profit and which provides, at a minimum, necessary services to runaway

3-35  or homeless youths who qualify for such services.

3-36    Sec. 9. 1.  The board of county commissioners of any county may

3-37  provide by ordinance for the designation of a youth shelter operated

3-38  within the county as an approved youth shelter.

3-39    2.  If a board of county commissioners has adopted an ordinance

3-40  pursuant to subsection 1, a youth shelter that is located in that county

3-41  and seeking to be designated as an approved youth shelter may apply to

3-42  the board of county commissioners for such a designation.

3-43    3.  An ordinance adopted by a board of county commissioners

3-44  pursuant to subsection 1 must:

3-45    (a) Prescribe the requirements for designation of a youth shelter as an

3-46  approved youth shelter, including, without limitation:

3-47      (1) A requirement that the youth shelter provide necessary services;

3-48      (2) The form and manner of the application for designation or

3-49  renewal of a designation as an approved youth shelter;

4-1       (3) An application fee in an amount not to exceed the actual cost to

4-2  the county for reviewing the application; and

4-3       (4) A requirement that an applicant must comply with the

4-4  provisions of an ordinance adopted pursuant to this section and with all

4-5  applicable federal, state and local laws and ordinances pertaining to

4-6  shelters for the homeless.

4-7    (b) Provide for reasonable inspections of an approved youth shelter to

4-8  confirm that the youth shelter is complying with the provisions of an

4-9  ordinance adopted to carry out the provisions of this section.

4-10    (c) Provide for the revocation of a designation as an approved youth

4-11  shelter for failure to comply with the provisions of an ordinance adopted

4-12  to carry out the provisions of this section.

4-13    (d) Require an approved youth shelter to conduct an interview to

4-14  determine whether a youth is a runaway or homeless youth and is

4-15  qualified to receive the necessary services of the approved youth shelter.

4-16    (e) Upon admission of a runaway or homeless youth to a shelter,

4-17  require:

4-18      (1) The notification of the parent, guardian or custodian of a

4-19  runaway or homeless youth within 72 hours after admission, except in

4-20  circumstances of suspected abuse or neglect;

4-21      (2) The notification of state and local law enforcement agencies

4-22  concerning the whereabouts of a runaway or homeless youth; and

4-23      (3) A licensed professional to perform an evaluation of the youth to

4-24  determine:

4-25        (I) The reasons why the youth is a runaway or homeless youth;

4-26        (II) Whether the youth is a victim of abuse or neglect; and

4-27        (III) Whether the youth needs immediate medical care or

4-28  counseling.

4-29    (f) Provide for the liability of a parent, guardian or custodian of a

4-30  runaway or homeless youth for any expenses or costs incurred by the

4-31  approved youth shelter for providing services to a runaway or homeless

4-32  youth only if the services of the shelter were obtained through fraud or

4-33  misrepresentation.

4-34    (g) Require the information or records obtained by an approved youth

4-35  shelter to remain confidential, unless the use or disclosure of the

4-36  information or records is necessary to:

4-37      (1) Locate a parent, guardian or custodian of a runaway or

4-38  homeless youth;

4-39      (2) Comply with the duty to report abuse or neglect of a child

4-40  pursuant to NRS 432B.220;

4-41      (3) Notify state and local law enforcement agencies or the

4-42  clearinghouse; or

4-43      (4) Seek appropriate assistance for a runaway or homeless youth

4-44  from public and private agencies.

4-45    4.  In a county where the board of county commissioners has adopted

4-46  an ordinance pursuant to subsection 1, the board of county

4-47  commissioners may establish, by ordinance, other regulations as are

4-48  necessary to carry out the provisions of this section.

4-49    5.  As used in this section:

5-1    (a) “Abuse or neglect” means abuse or neglect of a child as defined in

5-2  NRS 432B.020.

5-3    (b) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

5-4    (c) “Licensed professional” includes, without limitation:

5-5       (1) A social worker;

5-6       (2) A registered nurse;

5-7       (3) A physician;

5-8       (4) A psychologist;

5-9       (5) A teacher; or

5-10      (6) Any other class of persons who are identified in an ordinance

5-11  adopted by a county who hold a professional license in this state and who

5-12  are trained to recognize indications of abuse or neglect.

5-13    Sec. 10.  If a county designates a youth shelter as an approved youth

5-14  shelter pursuant to an ordinance adopted pursuant to section 9 of this

5-15  act, the approved youth shelter and its director, employees, agents or

5-16  volunteers are immune from civil liability based upon any act or failure

5-17  to act while admitting, releasing or caring for a runaway or homeless

5-18  youth, unless the act or failure to act was the result of the gross

5-19  negligence or intentional or reckless misconduct of the approved youth

5-20  shelter or its director, employees, agents or volunteers.

 

5-21  H