S.B. 409
- *SB409*
SENATE BILL NO. 409–COMMITTEE ON
HEALTH AND HUMAN SERVICES
(ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE
ON HEALTH AND HUMAN SERVICES)
MARCH 20, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to the reporting and
investigation of child abuse or neglect.
(BDR 38-357)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to child welfare; revising the actions relating to a
report, investigation or legal intervention concerning the
abuse or neglect of a child for which a person is granted
immunity from liability; authorizing a court to award
reasonable attorney’s fees and costs to certain persons
who prevail in a civil action for performing such actions;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing federal law establishes a program to award grants to states to support 1
programs to prevent the abuse or neglect of children and to treat children who have 2
been abused or neglected. Existing federal law requires states applying for such a 3
grant to submit a plan that includes assurances that the state has in effect provisions 4
of law granting immunity from civil or criminal liability to a person who: (1) makes 5
a good faith report of suspected or known instances of child abuse or neglect; or (2) 6
otherwise provides information or assistance in connection with a report, 7
investigation or legal intervention pursuant to a report. (42 U.S.C. § 5106a) 8
Existing state law sets forth certain specific actions relating to such a report, 9
investigation or legal intervention for which a person is granted immunity from 10
civil or criminal liability. (NRS 432B.160) 11
This bill adds to the list of actions for which a person is granted immunity 12
reviewing or providing consultation or a medical opinion concerning photographs, 13
x-rays and other medical tests taken by a person investigating a report of abuse or 14
neglect of a child. This bill also authorizes a court to award reasonable attorney’s 15
fees and costs to a person who is required to report suspected or known abuse or 16
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neglect of a child who prevails in a civil action to impose liability against him or 17
her for performing such an act. 18
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.160 is hereby amended to read as 1
follows: 2
432B.160 1. Except as otherwise provided in subsection 2, 3
immunity from civil or criminal liability extends to every person 4
who in good faith: 5
(a) Makes a report pursuant to NRS 432B.220; 6
(b) Conducts an interview or allows an interview to be taken 7
pursuant to NRS 432B.270; 8
(c) Allows , [or] takes , reviews or provides consultation or a 9
medical opinion concerning photographs or X-rays pursuant to 10
NRS 432B.270; 11
(d) Causes a medical test to be performed pursuant to 12
NRS 432B.270; 13
(e) Reviews or provides consultation or a medical opinion 14
concerning a medical test performed pursuant to NRS 432B.270; 15
(f) Provides a record, or a copy thereof, of a medical test 16
performed pursuant to NRS 432B.270 to an agency which provides 17
child welfare services to the child, a law enforcement agency that 18
participated in the investigation of the report made pursuant to NRS 19
432B.220 or the prosecuting attorney’s office; 20
[(f)] (g) Holds a child pursuant to NRS 432B.400, takes 21
possession of a child pursuant to NRS 432B.630 or places a child in 22
protective custody pursuant to any provision of this chapter; 23
[(g)] (h) Performs any act pursuant to subsection 2 of 24
NRS 432B.630; 25
[(h)] (i) Refers a case or recommends the filing of a petition 26
pursuant to NRS 432B.380; or 27
[(i)] (j) Participates in a judicial proceeding resulting from a 28
referral or recommendation. 29
2. The provisions of subsection 1 do not confer any immunity 30
from liability for the negligent performance of any act pursuant to 31
paragraph (b) of subsection 2 of NRS 432B.630. 32
3. In any proceeding to impose liability against a person for: 33
(a) Making a report pursuant to NRS 432B.220; or 34
(b) Performing any act set forth in paragraphs (b) to [(i),] (j), 35
inclusive, of subsection 1, 36
there is a presumption that the person acted in good faith. 37
4. If a person who is required to report the abuse or neglect 38
of a child pursuant to NRS 432B.220 prevails in a civil action 39
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brought to impose liability against the person for performing any 1
act described in subsection 1, the court may award reasonable 2
attorney’s fees and costs incurred by the person in defending the 3
action. 4
Sec. 2. This act becomes effective on July 1, 2025. 5
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