Disclosure of Confidential Child Abuse and Neglect Records - Nevada

Confidentiality of Records

Citation: Rev. Stat. § 432B.280

Information maintained by an agency that provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, is confidential.

Persons or Entities Allowed Access to Records

Citation: Rev. Stat. § 432B.290

Data or information concerning reports and investigations may be made available only to the following:

• A physician who has reasonable cause to believe that a child has been abused or neglected
• A person authorized to place a child in protective custody who requires the information to determine whether to place the child in protective custody
• An agency, including an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment, or supervision of the child or a person responsible for the welfare of the child
• A district attorney or other law enforcement officer who requires the information for an investigation or prosecution of the abuse or neglect of a child
• A court when it is necessary for the determination of an issue before it
• A person engaged in bona fide research or an audit
• The attorney and the guardian ad litem of the child
• The proposed guardian of a child over whom a guardianship is sought and the information is reasonably necessary to promote the safety, permanency, and well-being of the child
• A grand jury when it is necessary in the conduct of its official business
• A Federal, State, or local governmental entity when needed to carry out its legal responsibilities to protect children from abuse and neglect
• A person or organization that has entered into a written agreement with an agency that provides child welfare services to provide assessments or services
• A child protection team
• A child death review team
• A multidisciplinary team
• A parent or legal guardian of the child and an attorney of a parent or guardian of the child
• The child over whom a guardianship is sought, if the child is age 14 or older, the identity of the person making the report is kept confidential, and the information is reasonably necessary to promote the safety, permanency, and well-being of the child
• The persons who are the subject of a report
• An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child
• Upon written consent of the parent, any officer of this State, city, or county, or legislator when needed to investigate the activities or programs of an agency that provides child welfare services
• The Division of Parole and Probation of the Department of Public Safety for use in making a presentence investigation and report to the district court or in making a general investigation and report
• Any mandated reporter who made a report of abuse involving the subject child
• The rural advisory board or a local advisory board to expedite proceedings for the placement of children
• The panel established pursuant to § 432B.396 to evaluate agencies that provide child welfare services
• An employer in accordance with § 432.100
• A team organized to review the death of the victim of a crime that constitutes domestic violence
• The Committee on Domestic Violence
• The Committee to Review Suicide Fatalities

The provisions of this section must not be construed to require a child welfare agency to disclose information maintained by the agency if, after consultation with the attorney who represents the agency, the agency determines that the disclosure would cause a specific and material harm to a criminal investigation.

A person may authorize the release of information maintained by a child welfare agency about himself or herself but may not waive the confidentiality of such information concerning any other person.

When Public Disclosure of Records is Allowed

Citation: Rev. Stat. § 432B.175

Data or information concerning reports and investigations must be made available to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. The data that must be disclosed include, without limitation, the following:

• A summary of the report of abuse or neglect and a factual description of the contents of the report
• The date of birth and gender of the child
• The date that the child suffered the fatality or near fatality
• The cause of the fatality or near fatality if the cause has been determined
• Whether the agency that provides child welfare services had any contact with the child or a member of the child's family or household before the fatality or near fatality and, if so, the following information:
  • The frequency of the contact or communication
  • Whether the agency provided any child welfare services or made any referrals for services for the child or a member of the child's family or household before or at the time of the fatality or near fatality
  • Whether the agency took any other actions concerning the welfare of the child
  • A summary of the status of the child's case at the time of the fatality or near fatality
  • Whether the agency, in response to the fatality or near fatality, has provided or intends to provide services, make a referral for services, or take any other action concerning the welfare and safety of the child or child's family

The agency shall not disclose the following information:

• The identity of the person responsible for making the report
• The name of the child or any member of the family or household
• A privileged communication between an attorney and client
• Information that may undermine a criminal investigation or pending criminal prosecution

Use of Records for Employment Screening

Citation: Rev. Stat. § 432.100

The division may release information contained in the central registry to an employer when the following applies:

• The person who is the subject of a background investigation by the employer provides written authorization for the release of the information.
• Either of the following apply:
  • The employer is required by law to conduct the background investigation of the person for employment purposes.
  • The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons.

The release of information is allowed only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.