Mandatory Reporting of Child Abuse and Neglect - Nevada

Date:

Professionals Required to Report
Citation: Rev. Stat. §§ 432B.220; 392.303

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, 641C, 641D or 653
  • 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
  • Any person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid
  • A peer recovery support specialist, as defined in § 433.627, or peer recovery support specialist supervisor

In addition to the reporting required by § 432B.220, if, in an employee of or volunteer for a public or private school must report to the child welfare agency or a law enforcement agency of they know or have reasonable cause to believe that a child has been subjected to either of the following:

  • Abuse, neglect, sexual conduct, or luring by another employee of or volunteer for a public or private school
  • Corporal punishment by another employee of or volunteer for a public or private school

Training Requirements for Mandatory Reporters

Citation: Rev. Stat. § 432B.220

The agency, board, bureau, commission, department, division, or political subdivision of the State responsible for the licensure, certification or endorsement of a mandatory reporter who is required in their professional or occupational capacity to be licensed, certified, or endorsed in this State shall, at the time of initial licensure, certification, or endorsement, do the following:

  • Inform the person, in writing or by electronic communication, of their duty as a mandatory reporter 
  • Obtain a written acknowledgment or electronic record from the person that they have been informed of their duty 
  • Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified, or endorsed in this State

The employer of a mandatory reporter who is not required to be licensed, certified, or endorsed in this State must, upon initial employment of the person, do the following:

  • Inform the person, in writing or by electronic communication, of their duty as a mandatory reporter 
  • Obtain a written acknowledgment or electronic record from the person that they have been informed of their duty 
  • Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

Before a person may serve as a volunteer at a public school or private school, the school must do the following:

  • Inform the person, in writing or by electronic communication, of their duty as a mandatory reporter pursuant to this section and § 392.303
  • Obtain a written acknowledgment or electronic record from the person that they have been informed of their duty
  • Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school

For more information, see Mandated Reporter Training on the website of the Division of Child and Family Services. Separate modules are offered for school personnel, child care providers, medical professionals, mental health and social workers, law enforcement, clergy, and volunteers, but the training for all reporters include the following topics:

  • How the law defines child abuse and neglect
  • What the law requires of you as a mandated reporter
  • What protections the law provides for a mandated reporter
  • How to spot evidence of child abuse
  • How to report child abuse
  • What happens after a report is filed
  • Definitions of some of the terms used in the program

Reporting by Other Persons
Citation: Rev. Stat. § 432B.220

Any other person may report. 

Institutional Responsibility to Report

This issue is not addressed in the statutes reviewed. 

Standards for Making a Report
Citation: Rev. Stat. § 432B.220

A report is required when any of the following apply:

  • A reporter, in their 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 their 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.

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 following apply:

  • The client has been or may be accused of committing the abuse or neglect.
  • The client 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 their client if the client is not capable of making adequately considered decisions because of age, mental impairment, or any other reason

A mandatory reporter may not invoke any of the privileges set forth in chapter 49 for any of the following:

  • Failing to report as required by § 432B.220
  • Cooperating with an agency that provides child welfare services or the child's guardian ad litem
  • Participating in any proceeding held pursuant to §§ 432B.410 to 432B.590, inclusive

Inclusion of the Reporter's Name in the Report

The reporter is not specifically required by statute to provide their name in the report. 

Disclosure of the Reporter's 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 their attorney
  • A child aged 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.

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.