NEVADA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
Your Title Goes Here
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
Professionals required to report
Citation: Rev. Stat. § 432B.220
Mandatory reporters include the following:
• 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, 630, 630A, 631,
632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, and 641C
• Any personnel of a licensed medical facility engaged in the admission, examination, care, or treatment of persons or an
administrator, manager, or other person in charge of the medical facility upon notification of suspected abuse or neglect of a
child by a member of the staff of the medical facility
• Coroners
• Members of the clergy, Christian Science practitioners, or religious healers
• Employees of public or private schools and any volunteers serving at such 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
• Officers or employees of law enforcement agencies or adult or juvenile probation officers
• Except as otherwise provided below, attorneys
• 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
• Persons who are employed by or serve as volunteers for a youth shelter
• Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, any person who is employed by a school district or public school
Other persons required to report
Citation: Rev. Stat. § 432B.220
Any other person may report.
Institutional responsibility to report
This issue is not addressed in the statutes reviewed.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Rev. Stat. § 432B.220
A report is required when any of the following apply:
• A reporter, in his or her professional capacity, knows or has reason to believe that a child is abused or neglected.
• A reporter has reasonable cause to believe that a child has died as a result of abuse or neglect.
• A medical services provider 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 prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure.
PENALTIES FOR FAILING TO REPORT
Citation: Rev. Stat. § 432B.240
Any person who knowingly and willfully violates the provisions of § 432B.220 is guilty of one of the following:
• For the first violation, a misdemeanor
• For each subsequent violation, a gross misdemeanor
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Citation: Rev. Stat. §§ 432B.220; 432B.225; 432B.250
The clergy-penitent privilege applies when the knowledge is gained during religious confession.
• Notwithstanding the provisions of § 432B.220, an attorney shall not make a report of the abuse or neglect of a child if the
attorney acquired knowledge of the abuse or neglect from a client during a privileged communication if the client:
• Has been or may be accused of committing the abuse or neglect
Is the victim of the abuse or neglect, is in foster care, and did not give consent to the attorney to report the abuse or neglect
Nothing in this section shall be construed as relieving an attorney from either of the following:
• The duty to report the abuse or neglect of a child, except as otherwise provided above
• Complying with any ethical duties of attorneys, including, without limitation, any duty to take reasonably necessary actions
to protect his or her client if the client is not capable of making adequately considered decisions because of age, mental
impairment, or any other reason
Any other person who is required to report may not invoke privilege for failure to make a report.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Rev. Stat. § 432B.290
Information maintained by a child welfare agency may be made available to the persons listed below, as long as the identity of the
person making the report is kept confidential:
• The proposed guardian or proposed successor guardian of a child
• A parent or legal guardian of the child and his or her attorney
• A child age 14 or older over whom a guardianship is sought
• Upon written consent of the parent, any officer of this State or a city or county, or a legislator, to investigate the activities or programs of a child welfare agency
An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child a written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties. Except as provided below, before releasing any information an agency shall take whatever precautions it determines are reasonably
necessary to protect the identity and safety of any person who reports child abuse or neglect.
A person who is the subject of an unsubstantiated report of child abuse or neglect who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency that provides child welfare services to release information maintained by the agency. If the court finds that there is a reasonable cause to believe that the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner.