Nevada Revised Statutes 432B.270 – Interview of child and sibling of child concerning possible abuse or neglect; photographs, X-rays and medical tests
1. A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child and any sibling of the child, if an interview is deemed appropriate by the designee, concerning any possible abuse or neglect. The child and any sibling of the child may be interviewed, if an interview is deemed appropriate by the designee, at any place where the child or any sibling of the child is found. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child or sibling was interviewed, unless the designee determines that such notification would endanger the child or sibling.
Terms Used In Nevada Revised Statutes 432B.270
- 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 of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:
(a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and
(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on a child.
3. Upon the taking of any photographs or X-rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately, if reasonably possible, unless the designee determines that the notification would endanger the child. The reasonable cost of these photographs, X-rays or medical tests must be paid by the agency which provides child welfare services if money is not otherwise available.
4. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 2, 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, the 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 abuse or neglect of the child; and
(c) May be given to the child’s parent or guardian if the parent or guardian pays the cost of duplicating them.
5. 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.