432B.160 - Immunity from civil or criminal liability; presumption.

432B.160  Immunity from civil or criminal liability; presumption.

      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;

      (c) Allows or takes photographs or X rays pursuant to NRS 432B.270;

      (d) Causes a medical test to be performed pursuant to NRS 432B.270;

      (e) 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) 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) Performs any act pursuant to subsection 2 of NRS 432B.630;

      (h) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

      (i) 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), inclusive, of subsection 1,

Ê there is a presumption that the person acted in good faith.

      (Added to NRS by 1985, 1378; A 1987, 1154; 1999, 60, 3526; 2001, 1256; 2001 Special Session, 34; 2005, 2031)