Child Abuse, Neglect, and Endangerment Laws

• Laws and definitions related to child abuse, neglect, and related offenses.

NRS 200.508 - Abuse, Neglect or Endangerment of a Child

• Involves willfully causing a child under 18 to suffer unjustifiable physical pain or mental suffering, or placing them in a situation where they may suffer such harm.
• Penalties vary based on whether substantial bodily harm occurs, with substantial bodily harm leading to a felony charge.

Persons Responsible for the Child (defined)

• Includes the child’s parent or guardian.
• A step-parent who lives with the child.
• Any adult regularly found in the household.
• Volunteers or employees of public or private homes and facilities where the child receives care for a portion of the day.

NRS 432B.020 - Abuse or Neglect of a Child

• Includes physical or mental injury of a non-accidental nature, sexual abuse or exploitation, or negligent treatment or maltreatment
• Negligent treatment or maltreatment involves abandonment, lack of proper care, control, supervision, or necessary provisions for well-being due to the faults or habits of the responsible person.

Physical Injury (defined)

• Sprain or dislocation.
• Damage to cartilage.
• Fracture of a bone or skull.
• Intracranial hemorrhage or injury to an internal organ.
• Burn or scalding.
• Cut, laceration, puncture, or bite.
• Permanent or temporary disfigurement.
• Permanent or temporary loss or impairment of a body part or organ.

Lewd/Lascivious Acts NRS 201.230

• Involves a person 18 years or older committing lewd acts upon a child under 16 with the intent to arouse or gratify sexual desires.
• A person under 18 years committing lewd acts upon a child under 14 with the intent to arouse or gratify sexual desires.

Children Annoying/Molesting NRS 432B - Sexual Abuse

• Includes Incest, Lewdness with a Minor, Annoying and Molesting.
• Sado-Masochistic Abuse, or Sexual Assault under 14/under 16.
• Statutory Sexual Seduction, Open and Gross Lewdness, or Mutilation of Genitalia.
• Committing a sexual penetration upon a child under 14 years old.
• Causing a child under 14 years to make a sexual penetration on himself/herself, another person or on a beast.

Mental Injury (defined)

• Injuries to intellectual or psychological capacity or emotional condition.
• Observable and substantial impairment of performance or behavior.

Sexual Exploitation (defined)

• Forcing, allowing, or encouraging a child to solicit or engage in prostitution.
• Forcing, allowing, or encouraging a child to view pornography and/or engage in the production of pornography.
• Forcing, allowing, or encouraging a child to live sexual performance for an audience.

NRS 200.730 - Possession of Child Pornography

• Knowingly and willfully possessing any visual presentation depicting a sexual portrayal or engaging in or simulating sexual conduct.
• A first offense is a felony.

Unlawful Sexual Intercourse/Statutory Sexual Seduction

• Sexual penetration includes cunnilingus, fellatio, or any intrusion into genital or anal openings.
• Statutory sexual seduction is sexual penetration committed by a person 18 years or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

Loitering about Schools/Public Places NRS 207.270

• Loitering without legitimate reason to supervise children or other legitimate reasons near schools or public places where children congregate.
• It is a misdemeanor.

NRS 432B.030 - “Agency which provides child welfare services”

• In counties with a population less than 100,000, it is the local office of the Division of Child and Family Services.
• In counties with a population of 100,000 or more, it is the agency of the county, which provides or arranges for necessary child welfare services.

Mandatory Reporting

• Outlines the requirements and liabilities for mandatory reporters of child abuse and neglect.

“Mandatory Reporters”

• Medical Personnel, Coroner, Clergy (except during confession), Social Services, School Personnel.
• Child Care Facilities (foster care, detention), Attorneys (unless privileged conversation), Referral Agencies, Law Enforcement.

Report Requirements

• A report must be made as soon as reasonably practicable, but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
• Law enforcement becomes involved as the reporter, receiver of the initial report, or assigned investigator.

Liabilities NRS 432B.160

• Persons acting in good faith and according to state law when reporting suspected child abuse, conducting interviews, or taking/allowing photographs or medical tests are not held criminally liable.
• Note NRS 432B.260 specifies circumstances which may not require an investigation.

Reasonable Exercise of Discipline

• Reasonable exercise of discipline by a parent or guardian, including spanking or paddling (corporal punishment), is not excessive, as in NRS 432B.150.

NRS 432B.150 - Excessive Corporal Punishment

• Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child.

Reporting Confidentially

• Focuses on the confidentiality of records related to juveniles and abuse cases.

NRS 432B.280 - Confidentiality of information maintained by an agency which provides child welfare services

• Information maintained by an agency which provides child welfare services is confidential unless otherwise provided.
• Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except Pursuant to a criminal prosecution.

Exigent Circumstances-Threat “s” to Minors

• Ascertain Probable Cause for immediate arrest, or need for further investigation.
• Reasonable suspicion, supported by facts & circumstances sufficient to justify a reasonable person to believe that a crime was committed by a certain person.

Building Blocks to Probable Cause

• Physical Evidence
• Corroboration of facts
• Interviews resulting in direct or indirect admissions by the suspect
• Witness statements
• Other

Abused Child-Removed from Home

• Are there immediate safety concerns if the child is left in the home?

Priorities: Medical, Welfare, and Evidence

• Injuries inconsistent with the explanation
• Injuries on multiple planes of the body
• Inconsistent statements
• Delayed treatment

Scene

• Safety/Health Issues
• Supervision
• Food, clothing, shelter

Suspect

• Repeat the offense

Statutory Definition-Child Abuse

• NRS 200.508 states a person who willfully causes a child under 18 to suffer unjustifiable physical pain or mental suffering, or placing them in a situation where the child may suffer such harm.
• Substantial bodily harm results in a felony.
• No substantial bodily harm results in a felony.

Persons Responsible for the Child

• Child’s parent or guardian
• A step-parent who lives with the child
• Any adult regularly found in the household
• Volunteers or employees of public or private homes and facilities where child receives care for a portion of the day.

Discuss Physical Behavioral Indicators of Children

• Focuses on the physical and behavioral indicators of child abuse and neglect, along with the relevant definitions from the NRS.

Physical Neglect of a Child

• A “neglected child,” “delinquent child” or “child in need of supervision."
• Who is found begging, offering for sale any article, or giving any public entertainment or accompanying or has no parent or guardian, who has no one willing to exercise or capable of exercising proper parental control.
• Who is destitute or who is not provided with the necessities of life or home is an unfit place for the child, by reason of neglect, cruelty or depravity or found living in any house of ill fame, or with any disreputable person.
• Who is found wandering and either has no home or frequents the company of criminals.
• Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian or custodian, or who is beyond the control of such person and is habitual truant from school, is leading, is guilty of indecent, immoral or lascivious conduct.

“Mental Suffering”

• Includes injuries to the intellectual or psychological capacity or emotional condition.
• Observable and substantial impairment of the range of performance or behavior.

Sexual Abuse

• Incest
• Lewdness with a Minor
• Annoying and Molesting
• Sado-Masochistic Abuse
• Sexual Assault Under 14/Under 16
• Statutory Sexual Seduction
• Open and Gross Lewdness

Crime Classifications

• Defines felonies, misdemeanors, and gross misdemeanors according to Nevada law (NRS 193.120).

Crime

• A crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.

Felony

• Every crime which may be punished by and imprisonment in the state prison is a felony.

Misdemeanor

• Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor.

Gross Misdemeanor

• Every other crime is a gross misdemeanor.

Overview of laws and definitions related to child abuse, neglect, and endangerment, as defined in Nevada Revised Statutes (NRS). Covers definitions of responsible parties and types of abuse, including physical, mental, and sexual abuse, as well as neglect.