Pursuant to Nevada Revised Statute (NRS) 432B.220, an administrator, teacher, librarian or counselor of a school is required to report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency when in their professional or occupational capacity, they know or have reasonable cause to believe a child has been abused or neglected. The law further provides that this report must be made as soon as practicable, but no later than 24 hours after the person knew or had reasonable cause to believe the child had been abused or neglected. This is mandatory child abuse and neglect reporting.

Although the statute begins with generalities like to whom the report should be made, it further provides specific instances when law enforcement should be contacted in lieu of the child welfare agency. If the person required to make the report knows or has reasonable cause to believe that the abuse or neglect involves an act or omission of a person directly responsible or serving as a volunteer for or an employee of a public or private home, institution, or facility where the child is receiving child care outside of his home for a portion of the day, then the report must be made to a law enforcement agency. NRS 432B.220(2)(a). If the person making the report believes that the agency which provides child welfare services or a law enforcement agency is responsible for the abuse or neglect of the child, then the report must be made to an agency other than one who is alleged to have committed the abuse or neglect. NRS 432B.220(2)(b). For example, it makes perfect sense that if the teacher believes that someone at Child Haven is committing the child abuse or neglect, then the report must be done with another agency, i.e. a law enforcement agency such as the Las Vegas Metropolitan Police Department.

NRS 432B.230 provides the method in which the report shall be made. Significantly, the report can be made orally, written, or through electronic communications that a reasonable person would believe, under the facts and circumstances, that the information is reliable and a swift means of communicating the information. The report should contain the following information: the name, address, age, and sex of the child; the name and address of the child’s parents or other person responsible for his care; the nature and extent of the child abuse or neglect; any evidence of previously known or suspected child abuse or neglect of the child’s siblings; the name, address and relationship, if known, of the person who is alleged to have abused or neglected the child. NRS 432B.230(2). A teacher, librarian, or counselor, who knowingly and willfully violates the provision of NRS 432B.220 is guilty of a misdemeanor. NRS 432B.240. A misdemeanor is punishable by imprisonment in the county jail for not more than 6 months, or by a fine not more than $1,000.00, or by both fine and imprisonment. NRS 193.150.

In light of NRS Chapter 432B, the school district has in effect School District Regulation 5152. Significantly, Regulation 5152 will be before the School Board on August 10, 2006 for proposed changes. The most important proposed change takes away the principal’s discretion in notifying parents/guardians of child abuse or neglect that may have occurred at home. The proposed change unequivocally prohibits administrators and school personnel from notifying parents or guardians. The proposed changes also incorporate that the report must be made within 24 hours after the person knows or has reasonable cause to believe abuse or neglect has occurred.

As the new school year quickly approaches, it is important to be reminded of one of the profession’s legal duties. It is important to note that because teachers, librarians, and counselors are mandated by law to report child abuse and neglect, any such reporting based on this statute, provides immunity for the reporting.