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

 

CHAPTER..........

 

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:

 

   Section 1. NRS 432B.220 is hereby amended to read as follows:

   432B.220  1.  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; 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 child has been abused or neglected.

   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 or neglect of the

child involves 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 to a law enforcement agency.

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

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

alleged to have committed the 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:

   (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;

   (c) A coroner;

   (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[.] ; and

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

approved youth shelter. As used in this paragraph, “approved youth

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

   4.  A report may be made by any other person.

   5.  If a person who is required to make a report 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. The written findings must include, if

obtainable, the information required pursuant to the provisions of

subsection 2 of NRS 432B.230.

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

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

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

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

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

sections.

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

been designated as approved by a county pursuant to an ordinance

adopted pursuant to section 9 of this act.

   Sec. 5.  “Necessary services” means:

   1.  Food and access to overnight shelter.

   2.  Counseling to address immediate emotional crises or problems.

   3.  Outreach services to locate and assist runaway or homeless

youths.

   4.  Screening for basic health needs and referrals to public and

private agencies for health care.

   5.  Referrals to assistance and services offered by public and private

agencies.

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

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

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

available; or

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

guardian or custodian.

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

   1.  Twelve years of age or older;

   2.  Unemancipated; and

   3.  Mentally competent.

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

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

or homeless youths who qualify for such services.

   Sec. 9. 1.  The board of county commissioners of any county may

provide by ordinance for the designation of a youth shelter operated

within the county as an approved youth shelter.

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

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

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

the board of county commissioners for such a designation.

   3.  An ordinance adopted by a board of county commissioners

pursuant to subsection 1 must:

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

approved youth shelter, including, without limitation:

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

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

renewal of a designation as an approved youth shelter;

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

the county for reviewing the application; and

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

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

applicable federal, state and local laws and ordinances pertaining to

shelters for the homeless.

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

confirm that the youth shelter is complying with the provisions of an

ordinance adopted to carry out the provisions of this section.

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

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

to carry out the provisions of this section.

   (d) Require an approved youth shelter to conduct an interview to

determine whether a youth is a runaway or homeless youth and is

qualified to receive the necessary services of the approved youth shelter.

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

require:

     (1) The notification of the parent, guardian or custodian of the

runaway or homeless youth concerning the whereabouts of the runaway

or homeless youth as soon as practicable, except in circumstances of

suspected abuse or neglect;

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

concerning the whereabouts of the runaway or homeless youth; and

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

determine:

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

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

        (III) Whether the youth needs immediate medical care or

counseling.

   (f) Require an approved youth shelter to return or facilitate the return

of a runaway or homeless youth to the parent, guardian or custodian

who was notified of the whereabouts of the runaway or homeless youth

pursuant to subparagraph (1) of paragraph (e) if the parent, guardian or

custodian so requests.

   (g) Provide for the liability of a parent, guardian or custodian of a

runaway or homeless youth for any expenses or costs incurred by the

approved youth shelter for providing services to the runaway or homeless

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

misrepresentation.

   (h) Require the information or records obtained by an approved youth

shelter to remain confidential, unless the use or disclosure of the

information or records is necessary to:

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

homeless youth;

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

pursuant to NRS 432B.220;

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

clearinghouse; or

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

from public and private agencies.

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

an ordinance pursuant to subsection 1, the board of county

commissioners may establish, by ordinance, other regulations as are

necessary to carry out the provisions of this section.

   5.  As used in this section:

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

NRS 432B.020.

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

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

     (1) A social worker;

     (2) A registered nurse;

     (3) A physician;

     (4) A psychologist;

     (5) A teacher; or

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

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

are trained to recognize indications of abuse or neglect.

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

shelter pursuant to an ordinance adopted pursuant to section 9 of this

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

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

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

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

negligence or intentional or reckless misconduct of the approved youth

shelter or its director, employees, agents or volunteers.

 

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