(Reprinted with amendments adopted on April 16, 2003)

 

Senate Bill No. 383–Senator Shaffer

 

March 17, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions governing mandatory reporting of abuse or neglect of children. (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 the protection of children; expanding the provisions governing the persons who are required to report the abuse or neglect of children to include any adult person who is employed by an entity that provides organized activities for children; 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.

1-13      2.  If a person who is required to make a report pursuant to

1-14  subsection 1 knows or has reasonable cause to believe that the abuse

1-15  or neglect of the child involves an act or omission of:

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

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

2-3  where the child is receiving child care outside of his home for a

2-4  portion of the day, the person shall make the report to a law

2-5  enforcement agency.

2-6  (b) An agency which provides child welfare services or a law

2-7  enforcement agency, the person shall make the report to an agency

2-8  other than the one alleged to have committed the act or omission,

2-9  and the investigation of the abuse or neglect of the child must be

2-10  made by an agency other than the one alleged to have committed the

2-11  act or omission.

2-12      3.  A report must be made pursuant to subsection 1 by the

2-13  following persons:

2-14      (a) A physician, dentist, dental hygienist, chiropractor,

2-15  optometrist, podiatric physician, medical examiner, resident, intern,

2-16  professional or practical nurse, physician assistant, psychiatrist,

2-17  psychologist, marriage and family therapist, alcohol or drug abuse

2-18  counselor, advanced emergency medical technician or other person

2-19  providing medical services licensed or certified in this state;

2-20      (b) Any personnel of a hospital or similar institution engaged in

2-21  the admission, examination, care or treatment of persons or an

2-22  administrator, manager or other person in charge of a hospital or

2-23  similar institution upon notification of suspected abuse or neglect of

2-24  a child by a member of the staff of the hospital;

2-25      (c) A coroner;

2-26      (d) A clergyman, practitioner of Christian Science or religious

2-27  healer, unless he has acquired the knowledge of the abuse or neglect

2-28  from the offender during a confession;

2-29      (e) A social worker and an administrator, teacher, librarian or

2-30  counselor of a school;

2-31      (f) Any person who maintains or is employed by a facility or

2-32  establishment that provides care for children, children’s camp or

2-33  other public or private facility, institution or agency furnishing care

2-34  to a child;

2-35      (g) Any person licensed to conduct a foster home;

2-36      (h) Any officer or employee of a law enforcement agency or an

2-37  adult or juvenile probation officer;

2-38      (i) An attorney, unless he has acquired the knowledge of the

2-39  abuse or neglect from a client who is or may be accused of the abuse

2-40  or neglect;

2-41      (j) Any person who maintains, is employed by or serves as a

2-42  volunteer for an agency or service which advises persons regarding

2-43  abuse or neglect of a child and refers them to persons and agencies

2-44  where their requests and needs can be met; [and]

3-1  (k) Any person who is employed by or serves as a volunteer for

3-2  an approved youth shelter. As used in this paragraph, “approved

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

3-4  and

3-5  (l) Any adult person who is employed by an entity that provides

3-6  organized activities for children.

3-7  4.  A report may be made by any other person.

3-8  5.  If a person who is required to make a report pursuant to

3-9  subsection 1 knows or has reasonable cause to believe that a child

3-10  has died as a result of abuse or neglect, the person shall, as soon as

3-11  reasonably practicable, report this belief to the appropriate medical

3-12  examiner or coroner, who shall investigate the report and submit to

3-13  an agency which provides child welfare services his written

3-14  findings. The written findings must include, if obtainable, the

3-15  information required pursuant to the provisions of subsection 2 of

3-16  NRS 432B.230.

3-17      Sec. 2.  This act becomes effective on July 1, 2003.

 

3-18  H