Who is mandated to report?
Are all health clinicians mandated to report?
- Yes.
Who else is a mandated reporter?
- Medical personnel
- Social workers
- Psychologists
- Counselors
- Any personnel of a licenses medical facility engaged in the admission, examination, care or treatment of persons or an administrators, managers, 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
- Any adult person who is employed by an entity that provides organized activities for children
For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.
When is the reporting duty triggered?
What is the standard?
- A report is required when:
- 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.
For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.
What must be reported?
How does state law define child abuse and neglect for reporting purposes?
- Mandated reporters must report “abuse or neglect of a child” as defined by Nevada statute 432B.020 and legal guidance interpreting the statute.
- “Abuse or neglect of a child” means, except as otherwise provided below:
- Physical or mental injury of a nonaccidental nature;
- Sexual abuse or sexual exploitation; or
- Negligent treatment or maltreatment as set forth in NRS 432B.140, of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm.
- A child is not abused or neglected, nor is the health or welfare of the child harmed or threatened for the sole reason that:
- The parent of the child delivers the child to a provider of emergency services pursuant to NRS 432B.630, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or
- The parent or guardian of the child, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to NRS 62E.280.
- As used in this section, “allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
- “Sexual abuse” includes acts upon a child constituting:
- Incest under NRS 201.180;
- Lewdness with a child under NRS 201.230;
- Sado-masochistic abuse under NRS 201.262;
- Sexual assault under NRS 200.366;
- Statutory sexual seduction under NRS 200.368;
- Open or gross lewdness under NRS 201.210; and
- Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child under NRS 200.5083.
- “Sexual exploitation” includes forcing, allowing or encouraging a child:
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- To solicit for or engage in prostitution;
- To view a pornographic film or literature; and
- To engage in:
- Filming, photographing or recording on videotape; or
- Posing, modeling, depiction or a live performance before an audience,
- Which involves the exhibition of a child’s genitals or any sexual conduct with a child, as defined in NRS 200.700.
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- “Abuse or neglect of a child” means, except as otherwise provided below:
Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?
For the most current definitions of these terms, refer to Nevada Revised Statutes at the Nevada Legislature website and the Justia US Law website.
How to report:
What is the method of reporting?
- A mandated reporter who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall make a report as soon as reasonably practicable but no later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
What is the timeline in which to report?
- As soon as reasonably possible but no later than 24 hours after the person knows or has reasonable cause to believe that a child has been abuse or neglected.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
To whom are reports made?
- The Division of Child and Family Services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency that provides child welfare services in the community in which the child is located. A mandated reporter shall make his or her report of abuse or neglect of the child to an agency that provides child welfare services or to a law enforcement agency.
For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.
State/County Hotline?
- State Hotline
- 1-833-803-1183
- Clark County
- 1-702-399-0081
- Washoe County
- 1-775-785-8600
Confidentiality:
What federal confidentiality laws apply to health information collected during a Title X visit?
- Title X regulations 42 CFR 59.11
- HIPAA 45 CFR 164.502
Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?
- Yes.