Senate Bill No. 383–Senator Shaffer

 

March 17, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes concerning reporting of child abuse. (BDR 38‑194)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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

 

AN ACT relating to protection of children; providing that any person who is employed by or serves as a volunteer for an entity that provides organized activities for children is required to report to certain authorities when child abuse or neglect is suspected; increasing the penalty for not reporting suspected child abuse or neglect when a duty exists to provide such a report; 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

1-2  follows:

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

1-4  and who, in his professional or occupational capacity, knows or has

1-5  reasonable cause to believe that a child has been abused or neglected

1-6  shall:

1-7  (a) Except as otherwise provided in subsection 2, report the

1-8  abuse or neglect of the child to an agency which provides child

1-9  welfare services or to a law enforcement agency; and

1-10      (b) Make such a report as soon as reasonably practicable but not

1-11  later than 24 hours after the person knows or has reasonable cause to

1-12  believe that the child has been abused or neglected.

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

2-2  subsection 1 knows or has reasonable cause to believe that the abuse

2-3  or neglect of the child involves an act or omission of:

2-4  (a) A person directly responsible or serving as a volunteer for or

2-5  an employee of a public or private home, institution or facility

2-6  where the child is receiving child care outside of his home for a

2-7  portion of the day, the person shall make the report to a law

2-8  enforcement agency.

2-9  (b) An agency which provides child welfare services or a law

2-10  enforcement agency, the person shall make the report to an agency

2-11  other than the one alleged to have committed the act or omission,

2-12  and the investigation of the abuse or neglect of the child must be

2-13  made by an agency other than the one alleged to have committed the

2-14  act or omission.

2-15      3.  A report must be made pursuant to subsection 1 by the

2-16  following persons:

2-17      (a) A physician, dentist, dental hygienist, chiropractor,

2-18  optometrist, podiatric physician, medical examiner, resident, intern,

2-19  professional or practical nurse, physician assistant, psychiatrist,

2-20  psychologist, marriage and family therapist, alcohol or drug abuse

2-21  counselor, advanced emergency medical technician or other person

2-22  providing medical services licensed or certified in this state;

2-23      (b) Any personnel of a hospital or similar institution engaged in

2-24  the admission, examination, care or treatment of persons or an

2-25  administrator, manager or other person in charge of a hospital or

2-26  similar institution upon notification of suspected abuse or neglect of

2-27  a child by a member of the staff of the hospital;

2-28      (c) A coroner;

2-29      (d) A clergyman, practitioner of Christian Science or religious

2-30  healer, unless he has acquired the knowledge of the abuse or neglect

2-31  from the offender during a confession;

2-32      (e) A social worker and an administrator, teacher, librarian or

2-33  counselor of a school;

2-34      (f) Any person who maintains or is employed by a facility or

2-35  establishment that provides care for children, children’s camp or

2-36  other public or private facility, institution or agency furnishing care

2-37  to a child;

2-38      (g) Any person licensed to conduct a foster home;

2-39      (h) Any officer or employee of a law enforcement agency or an

2-40  adult or juvenile probation officer;

2-41      (i) An attorney, unless he has acquired the knowledge of the

2-42  abuse or neglect from a client who is or may be accused of the abuse

2-43  or neglect;

2-44      (j) Any person who maintains, is employed by or serves as a

2-45  volunteer for an agency or service which advises persons regarding

3-1  abuse or neglect of a child and refers them to persons and agencies

3-2  where their requests and needs can be met; [and]

3-3  (k) Any person who is employed by or serves as a volunteer for

3-4  an approved youth shelter. As used in this paragraph, “approved

3-5  youth shelter” has the meaning ascribed to it in NRS 244.422[.] ;

3-6  and

3-7  (l) Any person who is employed by or serves as a volunteer for

3-8  an entity that provides organized activities for children.

3-9  4.  A report may be made by any other person.

3-10      5.  If a person who is required to make a report pursuant to

3-11  subsection 1 knows or has reasonable cause to believe that a child

3-12  has died as a result of abuse or neglect, the person shall, as soon as

3-13  reasonably practicable, report this belief to the appropriate medical

3-14  examiner or coroner, who shall investigate the report and submit to

3-15  an agency which provides child welfare services his written

3-16  findings. The written findings must include, if obtainable, the

3-17  information required pursuant to the provisions of subsection 2 of

3-18  NRS 432B.230.

3-19      Sec. 2.  NRS 432B.240 is hereby amended to read as follows:

3-20      432B.240  Any person who knowingly and willfully violates

3-21  the provisions of NRS 432B.220 is guilty of a gross misdemeanor.

3-22      Sec. 3.  This act becomes effective on July 1, 2003.

 

3-23  H