218G.555 - Disclosure of certain information by Legislative Auditor regarding child’s case; conditions and limitations on disclosure.
218G.555 Disclosure of certain information by Legislative Auditor regarding child’s case; conditions and limitations on disclosure.
1. Except as otherwise provided in subsections 2 and 3, upon request, the Legislative Auditor or the Legislative Auditor’s designee shall provide data and information obtained pursuant to NRS 218G.550 concerning a child who suffered a fatality or near fatality who had contact with or who was in the custody of an agency which provides child welfare services. The data or information which must be disclosed includes, without limitation:
(a) A summary of the report of the abuse or neglect of the child 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 a member of the child’s family or household.
2. The Legislative Auditor or his or her designee shall not disclose information pursuant to subsection 1 unless the person making the request has requested such information from the agency which provides child welfare services and has been denied access to such information or has not received the information in a timely manner.
3. The Legislative Auditor or his or her designee shall not disclose the following data or information pursuant to subsection 1:
(a) Except as otherwise provided in subsection 3 of 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; or
(d) Information that may undermine a criminal investigation or pending criminal prosecution.
(Added to NRS by 2007, 198)—(Substituted in revision for NRS 218.867)