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- 83rd Session (2025)
Senate Bill No. 409–Committee on
Health and Human Services
CHAPTER..........
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 w hich 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
programs to prevent the abuse or neglect of children and to treat children who have
been abused or neglected. Existing federal law requires states apply ing for such a
grant to submit a plan that includes assurances that the state has in effect provisions
of law granting immunity from civil or criminal liability to a person who: (1) makes
a good faith report of suspected or known instances of child abuse o r neglect; or (2)
otherwise provides information or assistance in connection with a report,
investigation or legal intervention pursuant to a report. (42 U.S.C. § 5106a)
Existing state law sets forth certain specific actions relating to such a report,
investigation or legal intervention for which a person is granted immunity from
civil or criminal liability. (NRS 432B.160)
This bill adds to the list of actions for which a person is granted immunity
reviewing or providing consultation or a medical opinion c oncerning photographs,
x-rays and other medical tests taken by a person investigating a report of abuse or
neglect of a child. This bill also authorizes a court to award reasonable attorney’s
fees and costs to a person who is required to report suspected o r known abuse or
neglect of a child who prevails in a civil action to impose liability against him or
her for performing such an act.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
follows:
432B.160 1. Except as otherwise provided in subsection 2,
immunity from civil or criminal liability extends to every person
who in good faith:
(a) Makes a report pursuant to NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken
pursuant to NRS 432B.270;
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- 83rd Session (2025)
(c) Allows , [or] takes , reviews or provides consultation or a
medical opinion concerning photographs or X -rays pursuant to
NRS 432B.270;
(d) Causes a medical test to be performed pursuant to
NRS 432B.270;
(e) Reviews or provides consultation or a medical opinion
concerning a medical test performed pursuant to NRS 432B.270;
(f) Provides a record, or a copy thereof, of a medical test
performed pursuant to NRS 432B.270 to an agency which provides
child welfare services to the child, a law enforcement agency that
participated in the investigation of the report made pursuant to NRS
432B.220 or the prosecuting attorney’s office;
[(f)] (g) Holds a child pursuant to NRS 432B.400, takes
possession of a child pursuant to NRS 432B.630 or places a child in
protective custody pursuant to any provision of this chapter;
[(g)] (h) Performs any act pursuant to subsection 2 of
NRS 432B.630;
[(h)] (i) Refers a case or recommends the filing of a petition
pursuant to NRS 432B.380; or
[(i)] (j) Participates in a judicial proceeding resulting from a
referral or recommendation.
2. The provisions of subsection 1 do not confer any immunity
from liability for the negligent performance of any act pursuant to
paragraph (b) of subsection 2 of NRS 432B.630.
3. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to NRS 432B.220; or
(b) Performing any act set forth in paragraphs (b) to [(i),] (j),
inclusive, of subsection 1,
there is a presumption that the person acted in good faith.
4. If a person who is required to report the abuse or neglect
of a child pursuant to NRS 432B .220 prevails in a civil action
brought to impose liability against the person for performing an y
act described in subsection 1 , the court may award reasonable
attorney’s fees and costs incurred by the person in defending the
action.
Sec. 2. This act becomes effective on July 1, 2025.
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