Nevada Revised Statutes 392.313 – Interview of child and witness concerning allegations contained in report; photographs, X-rays and medical tests
1. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of the child who is the subject of the report, interview the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.
Terms Used In Nevada Revised Statutes 392.313
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
2. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is identified as a witness to the allegations contained in the report, interview the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.
3. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is the subject of the report and after informing the parent or guardian of the provisions of subsection 4:
(a) Take or cause to be taken photographs of the child’s body, including any areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on the child.
4. The reasonable cost of any photographs or X-rays taken or medical tests performed pursuant to subsection 3 must be paid by the parent or guardian of the child if money is not otherwise available.
5. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 3, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, any law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:
(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:
(1) The name of the child;
(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and
(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;
(b) Is admissible in any proceeding relating to the allegations in the report made pursuant to NRS 392.303; and
(c) May be given to the child’s parent or guardian if the parent or guardian pays the cost of duplicating them.
6. The school in which a child who is identified as a witness to the allegations contained in a report made pursuant to NRS 392.303 is enrolled shall request consent from the parent or guardian of the child for the school to provide his or her contact information to the agency investigating the report and:
(a) Upon receiving such consent, the school shall provide the agency investigating the report with that contact information.
(b) If the school is unable to obtain such consent, the school shall provide the agency investigating the report with the contact information of the parent or guardian of the child to the extent not prohibited by federal law.
7. As used in this section, ‘medical test’ means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.