NRS432B.175. Availability of data or information regarding fatality or near fatality of child who is subject of report of abuse or neglect; limitation on disclosure; regulations.

      1.  Data or information concerning reports and investigations thereof made pursuant to this chapter must be made available pursuant to this section to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. Any such data and information which is known must be made available not later than 48 hours after a fatality and not later than 5 business days after a near fatality. Except as otherwise provided in subsection 2, the data or information which must be disclosed includes, without limitation:

      (a) A summary of the report of abuse or neglect and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or any member of the child’s family or household.

      2.  An agency which provides child welfare services shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; and

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      3.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.

      (Added to NRS by 2007, 194; A 2013, 523)