NEVADA

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WHO:        ANY person MAY report.  [Rev. Stat. § 432B.220(5)]

These are “mandatory reporters” (MUST report): • Persons providing services licensed or certified in this State pursuant to, without limitation, hospitals, physicians and other medical personnel, psychologists, therapists, social workers, and counselors, as described in chapters 450B (emergency medical services), 630 (medical assistants, perfusionists, & respiratory care), 630A (homeopaths & their assistants), 631 (dentists & dental hygienists), 632 (registered & practical nurses), 633 (osteopaths), 634 (chiropractors & their assistants), 634A (doctors of oriental medicine: acupuncture; herbalists), 635 (podiatrists & podiatry hygienists), 636 (optometrists), 637 (dispensing opticians), 637B (audiologists, speech-language pathologists, & hearing-aid specialists), 639 (pharmacists & pharmacies), 640 (physical therapists & their assistants & technicians), 640A (occupational therapists & their assistants), 640B (athletic trainers), 640C (massage therapists & reflexologists), 640D (music therapists), 640E (dietitians), 641 (psychologists, licensed behavior analysts, licensed assistant behavior analysts, autism behavior interventionists, psychological assistants, psychological interns, & unlicensed personnel), 641A (marriage and family therapists; & clinical professional counselors), 641B (social workers), 641C (alcohol, drug, & gambling counselors) and 653 (radiation therapists, radiologic imaging personnel, or radiologist assistants) • Any personnel of a licensed medical facility engaged in admission, examination, care, or treatment of persons; or an administrator, manager, or other person in charge there upon notification of suspected abuse or neglect of a child by a staff member • Coroners • Members of the clergy, Christian Science practitioners, or religious healers, except for religious confession privilege • Employees and volunteers, at public or private schools • Persons who maintain or are employed by facilities that provide care for children, children’s camps, or other public or private facilities, institutions, or agencies furnishing care to children • Persons licensed to conduct foster homes • Law enforcement officers or employees or probation officers for adults or juveniles • Attorneys except for attorney-client privilege • Persons who maintain, are employed by, or serve as volunteers for agencies or services that advise persons regarding abuse or neglect of a child and refer them to persons and agencies where their requests and needs can be met • Employees and volunteers for a youth shelter • Any adult employee of an entity that provides organized activities for children, such as a school district or public school.  [Rev. Stat. § 432B.220(4)]

·       NOTE: Part of the mandate is limited to observations at work, however the mandate for suspicions of cause of death is not limited that way.

·       STANDARDS:  [Rev. Stat. §§ 432B.040; 432B.220(3)-(6)]  Child means under age 18 or, if in school, until graduation from high school.

(1)      ANY mandatory reporter: (a) in his or her professional capacity, knows or has reason to believe that a child is abused or neglected; or (b) has reasonable cause to believe that a child has died as a result of abuse or neglect.

(2)      ALSO, a medical professional who delivers or provides medical services to a newborn infant: in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by fetal alcohol spectrum disorder or prenatal substance use disorder, or has withdrawal symptoms from prenatal drug exposure.

(3)      Other reporters: no standard is given; presumably it is the non-professional component for mandatory reporters: knows or has reasonable cause to believe that a child: (a) is abused or neglected; or (b) died of abuse or neglect.

·       PRIVILEGE:  (1) Clergy-penitent privilege applies (meaning clergy do not make a report) to knowledge acquired during confession. (2) Attorney-client privilege applies to knowledge acquired from a privileged communication with a client who EITHER: (a) has been or may be accused of committing the abuse or neglect; OR (b) is all of: the victim of abuse or neglect, is in foster care, and did not consent for the attorney to report that abuse or neglect. (3) No other privilege may be invoked for failure to report: the mandate does not accommodate client or patient confidentiality for accountants, doctors, psychologists, marriage & family therapists, clinical professional counselors, social workers, victim’s advocates, news media, police, teachers, or spouses.  [Rev. Stat. §§ 432B.220(4)(d)&(i); 432B.225(1); 432B.250; chapter 49]

WHEN:      For a mandated reporter: (1) Initial oral / written / electronic report as soon as reasonably practicable (within 24 HOURS).  (2) Follow-on written report IF the original report was oral; as soon as reasonably practicable.   [Rev. Stat. §§ 432B.220(1)-(2); 432B.230(1)] 

WHERE & HOW: Report to: (A) a child welfare service (CWS) agency; or (B) a law enforcement agency.  [Rev. Stat. §§ 432B.200(1); 432B.220(1)(b); 432B.230(1)]  Nevada has 3 CWS agencies; each takes reports: (1) Nevada Division of Child & Family Services (DCFS); (2) Washoe County Human Services Agency (WCHSA); and (3) Clark County Department of Family Services (CCDFS).  [Rev. Stat. § 432B.030; http://dcfs.nv.gov/Programs/CWS/] 

·       For mandatory reporters: the initial report MAY be by phone; or by other oral, written or electronic technology that is reliable and swift under the circumstances. 

·       A follow-on written report is needed only if the initial report is oral.    

·       For imminent danger / emergency: call 911.

·       Special cases (by either act or omission):   [Rev. Stat. § 432B.220(2)]

o   If a CHILDCARE worker is suspected, reports are to law enforcement. Childcare worker means a person directly responsible, or a volunteer or employee, at a public or private home, institution, or facility, for out-of-home care for part of the day.

o   If LAW enforcement personnel are suspected, reports are to a different law enforcement agency, or to one of DCFS, WCHSA, or CCDFS.

o   If CWS personnel are suspected, reports are to a law enforcement agency or a different CWS agency from among DCFS, WCHSA, or CCDFS.

o   PRENATAL exposure: a medical professional who is a mandatory reporter due to delivery or providing services to a newborn infant, and knows of or suspects fetal alcohol spectrum disorder, prenatal substance abuse disorder, or withdrawal from prenatal drug exposure, must report it to a CWS agency, and must refer each person responsible for the child to a CWS agency for counseling, training, or other services, but need not report to law enforcement.  [Rev. Stat. § 432B.220(3)]

o   DEATH:  a mandatory reporter who knows or has reasonable cause to believe a child died of abuse or neglect, should report that belief as soon as reasonably practicable, to a CWS agency or law enforcement.  [Rev. Stat. § 432B.220(6)]

·       Child Abuse and Neglect Hotlines: 

o   Nevada DCFS:                       (833) 803-1183 \

o   Washoe County, WCHSA:     (833) 900-SAFE  [= (833) 900-7233]

o   Clark County, CCDFS:           (702) 399-0081; also, non-emergency reports may be made online at: https://redrock.clarkcountynv.gov/dfswebform

·        To contact DCFS (non-hotline): Nevada Division of Child & Family Services, 4126 Technology Way, 3^rd Floor, Carson City, NV 89706; phone (775) 684-4400; fax (775) 684-4455; email systems.advocate@dcfs.nv.gov .

·        To contact WCHSA with general questions: Children's Services, 350 S. Center Street, Reno, NV  89501; phone (775) 785-8600.

·        To contact CCDFS (non-hotline):  Clark County Government Center, 500 S. Grand Central Pkwy., Las Vegas, NV 89155-1111; phone (702) 455-0000; TT/TDD relay Nevada toll-free (800) 326-6868 or (800) 877-1219 (Spanish); email webmaster@clarkcountynv.gov

·        Law enforcement directory:        https://www.usacops.com/nv/

OTHER ASPECTS

·       REPORT DETAILS: Reports MUST contain, if obtainable: (a) the child’s name, address, age, and sex; (b) the name and address of the child’s parents or other person responsible for his/her care; (c) the nature and extent of abuse or neglect, the effect of prenatal substance abusee on the newborn infant, or the nature of the withdrawal symptoms from prenatal drug exposure; (d) any evidence of previously known or suspected abuse or neglect of the child or his/her siblings, or evidence of withdrawal symptoms resulting a newborn’s prenatal drug exposure; (e) the name, address, and relationship, if known, of the alleged perpetrator; (f) any other info known to the reporter that the report-taking agency considers necessary.  [Rev. Stat. § 432B.230]  The CCDFS online form also asks: (g) the child’s race, school if any, and school name; (h) parent’s ages, and who else resides in their home(s); (i) parents’ phone numbers (home, cell, & work); (j) whether it is a foster family; (k) description of injuries and the child’s reaction to them; (l) the circumstances, date, context before and after, and frequency of abuse or neglect; (m) how the child(ren) function(s) daily as to school, diagnosis, special needs, and behavioral problems; (n) how the primary caretakers function daily as to employment, substance abuse (and type, frequency, last use, behavior when using the substance, interaction with child(ren) when under the influence), mental health diagnosis, physical disabilities, prescriptions or self-medication, domestic violence, or criminal history; (o) family’s general parenting practices, how children’s needs are met, whether primary caretakers have an emotional bond with the child(ren), and (if there is court-ordered custody) the primary custodial name and address; (p) disciplinary practices (methods; based on what infractions; where on the body the child is disciplined; when it last happened); (q) when & how the reporter became aware of abuse or neglect; (r) where the children are located now; (s) whether law enforcement has been contacted (with date and event number if applicable); (t) if the home has domestic violence, how it affects the children; and (u) whether the reporter knows of or suspects previous child abuse or neglect or domestic violence.  [https://redrock.clarkcountynv.gov/dfswebform]

·       REPORTER PROTECTION: (1) The statutes do not specifically require inclusion of the reporter’s name in the report. (2) The reporter’s identity (and that of collateral sources and other reporters) remains confidential unless a court finds reasonable cause to believe the report was made in bad faith or with malicious intent and that disclosing the identity would not be likely to endanger the reporter’s life or safety.  [Rev. Stat. § 432B.290(2)(q)(2),(2)(t)(2),(4),(6)]  (3) Any reporter in good faith is immune from civil and criminal liability, and good faith is presumed; but this does not immunize medical malpractice for newborns.  [Rev. Stat. §§ 432B.160; cf. 432B.630]

WHY:        ANYONE who knowingly, willfully fails to report (or violates any other provision of reporting laws) commits a misdemeanor on the first violation, and gross misdemeanor for each subsequent violation.  [Rev. Stat. § 432B.240]

WHAT:      In Nevada, child abuse or neglect means that a a person responsible for the child’s welfare inflicts physical or mental injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment.  [Rev. Stat. §§ 432B.020(1)]

Initial Screening Criteria: (a) For immediate action: whether the child: is at a high risk of serious harm; suffered a fatality; is seriously injured; has visible signs of physical abuse; or lives in a household in which another child has died. (b) For 72-hour evaluation: whether the child is: NOT in imminent danger of harm; NOT vulnerable due to untreated injury, illness, or other physical, mental, or emotional condition; NOT treatable for fetal alcohol spectrum disorder, prenatal substance use disorder, or withdrawal symptoms, by referral to services; or NOT merely experiencing non-excessive corporate punishment.   [Rev. Stat. §§ 432B.260(2),(3)]

Reportable: Persons responsible for the child’s welfare for nonaccidental physical or mental injury, for sexual abuse or sexual exploitation, or for negligent treatment or maltreatment of a child.  [See items below.]  NOTE: reportable perpetrators under these statutes are limited to persons responsible for the child’s welfare, but similar acts by others (e.g., “stranger danger”) may still be crimes that are reportable to law enforcement.

·        Person responsible for a child's welfare includes any of: (1) a parent, guardian, or other stepparent with whom the child lives; (2) an adult continually or regularly found in the child’s household; (3) a public or private home, institution, or facility in which the child (3a) resides or (3b) receives care outside of home for all or a portion of the day; (4) a manager, volunteer, or employee of such a home, institution, or facility.  Parent means a natural or adoptive parent whose rights have not been terminated.  [Rev. Stat. §§ 432B.130; 432B.080]

Abuse or Neglect means that a person responsible for a child’s welfare causes or allows: (a) non-accidental physical or mental injury; (b) sexual abuse or sexual exploitation; or (c) negligent treatment or maltreatment, and that this takes place under circumstances that indicate it will harm or threaten the child’s health or welfare.  [Rev. Stat. § 432B.020]

(A)     Physical injury includes: (a) a fracture of a bone or the skull; (d) an intracranial hemorrhage or injury to another organ; (e) a burn or scalding; (f) a cut, laceration, puncture, or bite; (g) permanent or temporary disfigurement or loss or impairment of a part or organ of the body; etc. This may be by excessive corporal punishment.  [Rev. Stat. §§ 432B.090; 432B.150]

(B)     Mental injury means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his or her ability to function within his or her normal range of performance or behavior. This may be by excessive corporal punishment.    [Rev. Stat. §§ 432B.070; 432B.150]

(C)    Sexual abuse includes acts upon a child constituting any of: (a) incest; (b) lewdness with a child (non-penetrative molestation with a minor under age 16, such as groping); (c) sado-masochistic abuse; (d) sexual assault; (e) statutory sexual seduction; (f) open or gross lewdness; or (g) mutilating the genitalia of a female child, or aiding, abetting, encouraging, or participating in such mutilation, or removing a female child from this state for that purpose.  [Rev. Stat. §§ 432B.100; 201.230]

(1)     THE AGE OF CONSENT for penetrative sex is 16. There is a close-in-age exception (Romeo-and-Juliet law) if: (a) a child age 14 or 15 has consensual sex with someone less than 4 years older; or (b) a child under age 14 has consensual sex with someone less than 2 years older. Mistake-in-age is not a defense for the close-in-age exceptions.  [Rev. Stat. §§ 200.364(10); 200.366(1)(b),(5)]

(2)     CONTEXT: INCEST is marriage, fornication, or adultery with a partner (both age 18 or more, same or opposite sex) who is nearer kin than a second cousin or than a half-blood (first) cousin.  [Rev. Stat. §§ 201.180; 122.020(1)]  [2^nd cousins have 6 degrees of relationship; half-blood 1^st cousins have 4; presumably nearer kin are five degrees or less, with whole blood at 4 or 5 degrees: (a) ancestors to great-great-great-great grandparents; (b) descendants to great-great-great-great grandchildren; (c) one’s sibling and his/her child, of whole or half blood; (d) grandnephew/niece and his/her child, of whole blood; (e) parent’s sibling of whole or half blood; (f) first cousin of whole blood; (g) granduncle/aunt and his/her child, of whole blood; and (h) great granduncle/aunt of whole blood.]

(3)     NEVADA ALSO FORBIDS sex with students by school or university employees who are age 21 or more, including for students who are age 16 or more but have not yet received a high school diploma or general educational development (GED) certificate or the equivalent.  [Rev. Stat. §§ 201.540; 210.550] 

(D)    Sexual Exploitation includes forcing, allowing, or encouraging a child to do any of: (a) solicit for or engage in prostitution; (b) view pornographic film or literature; (c) engage in filming, photographing, recording on videotape, posing, modeling, depiction, or a live performance before an audience that involves the exhibition of a child's genitals or any sexual conduct with a child.  [Rev. Stat. § 432B.110]

(E)     Negligent Treatment or Maltreatment occurs if a child is: (a) subjected to harmful behavior that is terrorizing, degrading, painful, or emotionally traumatizing; (b) abandoned; (c) without proper care, control, or supervision; or (d) lacking the subsistence, education, shelter, medical care, or other care necessary for well-being because the person responsible for the child’s welfare either has faults or habits, or neglects or refuses to provide when able to do so.  [Rev. Stat. § 432B.140]

(1)     CAVEAT: It is NOT neglect to: (1) relinquish a newborn lawfully; or (2) select and depend on nonmedical treatment for the child in good faith, where state law permits it, but a court may ensure a medical examination & treatment.  [Rev. Stat. §§ 432B.020(2); 432B.630; 62E.280]