Responding to Child Victims of Human Trafficking - Nevada

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State Agency Responsibilities

Citation: Admin. Code §§ 432B.140; 432B.150; 432B.160; 432B.180; 432B.270

When a child welfare agency receives a referral that a child is alleged to be abused, neglected, or threatened with harm, its first step must be to obtain sufficient information to decide if the allegations constitute a report of the abuse or neglect of a child that is appropriate for investigation.

If the agency receives a report made pursuant to § 432B.220 or a report from a law enforcement agency, an initial evaluation must be conducted to determine if the situation or condition of the child makes child welfare services appropriate or whether the child and his or her parents may be referred to an agency that provides family assessment services. A family must not be referred to family assessment services if the report involves sexual abuse or the child has been placed in custody by a law enforcement agency or held at a hospital by a physician.

An evaluation or investigation must be conducted in such a manner as to determine how the child is being affected by the situation and whether the child is currently safe, at risk of abuse or neglect, or threatened with harm.

After the agency addresses the immediate safety concerns of the child who is the subject of the evaluation or investigation, the agency shall do the following:

  • Evaluate whether the parents have the capacity to change and to provide adequate care and can begin to use the help of social work in meeting the problem, or whether, in the interest of the child, legal action must be taken to remove the child from the situation and to obtain suitable care
  • Use the evaluation or investigation as a basis for future treatment of the problems of the parents and child

An assessment of risks to a child must be conducted and considered as part of each significant decision made in a child welfare case. Those decisions include the provision of child welfare services for the child, from intake through case closure. The assessment must be future oriented rather than based solely on the child's injuries or current condition.

The child welfare agency shall notify a law enforcement agency whenever there appears to be a need for a criminal investigation, such as when a child is sexually abused or sexually exploited.

Training Requirement

Citation: Instructional Memorandum (February 5, 2018)

The Federal Child Abuse Prevention and Treatment Act requires States to provide training for child protective services workers on identifying, assessing, and providing comprehensive services to children who are sex trafficking victims. This memorandum outlines the training requirements for child welfare staff who are handling or could potentially handle cases involving a sexually exploited child.

All child welfare staff who are handling or could potentially handle cases involving commercially sexually exploited children must complete an initial 6-hour Child Sexual Exploitation of Children (CSEC) course offered by the Nevada Partnership for Training. All child welfare staff who are handling or could potentially handle CSEC must complete at least 3 hours of annual training beginning January 1, 2019, related to the commercial sexual exploitation of children. Qualifying trainings might include the following topics:

  • Complex trauma
  • Cultural competency and at-risk populations
  • Advanced motivational interviewing
  • Best practices in child welfare
  • Survivor panel

Diversion From Prosecution

Citation: Rev. Stat. § 201.303

If a violation of § 201.300 or 201.301 is committed by a person who is younger than age 18 at the time of the commission of the violation, is prosecuted in a criminal proceeding as an adult, and is a victim of sex trafficking or facilitating sex trafficking, there is a rebuttable presumption that the person who committed the violation acted under duress.

Services and Supports for Victims

Citation: Admin. Code §§ 432B.240; 432B.230

A child welfare agency shall do the following:

  • Provide a range of services and commit its resources to preserve a child's family and prevent inappropriate placement of the child outside his or her home
  • Make available, through its own resources, by purchase, or by referral to another agency, a full range of services designed to prevent placement, including the following:
    • Social work and counseling
    • Psychological services
    • Economic assistance, including emergency short-term funding
    • Preparation for employment, including training and education
    • Information regarding housing and transportation
    • Homemaking services
    • Medical services, including outpatient psychiatric care
    • Care of children during the day
    • Parental education and support groups
    • Respite care
    • Services for the treatment of substance abuse
    • Services to victims of domestic violence or treatment of persons who commit domestic violence

The agency is not required to make efforts to prevent placement of a child outside his or her home if there is reasonable cause to believe that immediate action is necessary to protect the child from serious injury, abuse, or neglect.

A child welfare agency shall establish interagency agreements with related agencies to ensure that cooperative and mutually facilitative services are provided to children and families, including, without limitation, the following:

  • Other public or private agencies providing social services
  • Public agencies providing community services for mental health, housing, or preparation for employment
  • Courts
  • Law enforcement agencies
  • Health departments
  • Schools

Support for Anti-Trafficking Efforts

Citation: Rev. Stat. §§ 217.530; 217.540

The Contingency Account for Victims of Human Trafficking is hereby created in the State General Fund. The director of the Department of Health and Human Services shall administer the account. The money in the account will be expended for the purpose of establishing or providing programs or services to victims of human trafficking.

A nonprofit organization or any agency or political subdivision of this State may apply to the director for an allocation of money from the Contingency Account. Except as otherwise provided in this subsection, the Grants Management Advisory Committee created by § 232.383 shall review applications received by the director and make recommendations to the director concerning allocations of money from the account to applicants. If the director, in his or her discretion, determines that an emergency exists and an allocation of money from the account is needed immediately, the director may make an allocation of money from the account without the review of the application or the making of recommendations by the Grants Management Advisory Committee.

The director may make allocations of money from the account to applicants and may place such conditions on the acceptance of the allocation as the director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipient's use of the allocation.

The recipient of an allocation of money from the account may use the money only for the purposes of establishing or providing programs or services to victims of human trafficking.