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Definitions of Child Abuse and Neglect Nevada

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Statute: §§ 432B.020(1)-(2); 432B.070;
432B.090; 432B.100; 432B.110; 432.130; 432.140; 432.150

Standard


Caused or allowed

Harmed or threatened with harm

Intentional acts or omissions

Exemption

Religious exemption

Categories of Maltreatment Defined in Statute

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Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

Nev. Rev. Stat. Ann. § 432B.020(1) (WESTLAW through 2001 Reg. Sess. & 18th (2002) Spec. Sess)

'Abuse or neglect of a child,' except as otherwise provided in this section, means:

Physical or mental injury of a nonaccidental nature;

Sexual abuse or sexual exploitation; or

Negligent treatment or maltreatment of a child caused or allowed by a person responsible for his
welfare under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.

Nev. Rev. Stat. Ann. § 432B.070 (1997)

'Mental injury' means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his ability to function within his normal range of performance or behavior.

Nev. Rev. Stat. Ann. § 432B.090 (1997)

'Physical injury' includes, without limitation:

A sprain or dislocation;

Damage to cartilage;

A fracture of a bone or the skull;

An intracranial hemorrhage or injury to another
internal organ;

A burn or scalding;

A cut, laceration, puncture or bite;

Permanent or temporary disfigurement; or

Permanent or temporary loss or impairment of a
part or organ of the body.

Nev. Rev. Stat. Ann. § 432B.100 (1997)

'Sexual abuse' includes acts upon a child constituting:

Incest;

Lewdness with a child;

Annoyance or molestation of a child;

Sadomasochistic abuse;

Sexual assault;

Statutory sexual seduction;

Open or gross lewdness; and

Mutilation of the genitalia of a female child,
aiding, abetting, encouraging or participating in
the mutilation of the genitalia of a female
child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child.

Nev. Rev. Stat. Ann. § 432B.110 (1997)

'Sexual exploitation' includes forcing, allowing or encouraging a child:

To solicit for or engage in prostitution;

To view a pornographic film or literature; and

To engage in filming, photographing or recording
on videotape; or posing, modeling, depiction or a
live performance before an audience, which
involves the exhibition of a child's genitals or
any sexual conduct with a child.

Nev. Rev. Stat. Ann. § 432B.130 (WESTLAW through 2001 Reg. Sess. & 18th (2002) Spec. Sess.)

'Person responsible for a child's welfare' includes the child's parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, or a person directly responsible or serving as a volunteer or employed in a public or private home, institution, or facility where a child actually resides or is receiving child care outside his home for a portion of the day.

Nev. Rev. Stat. Ann. § 432B.140 (1997)

'Negligent treatment or maltreatment' of a child occurs if a child has been abandoned, is without proper care, control and supervision, and lacks the subsistence, education, shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for his welfare or his neglect or refusal to provide them when able to do so.

Nev. Rev. Stat. Ann. § 432B.150 (1997)

'Excessive corporal punishment' may result in physical or mental injury constituting abuse or neglect of a child under the provisions of this law.

EXCEPTION

Nev. Rev. Stat. Ann. § 432B.020(2) (WESTLAW through 2001 Reg. Sess. & 18th (2002) Spec. Sess.)

A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his:

Parent delivers the child to a provider of emergency services pursuant to section of Act 276, if the parent complies with the requirements of paragraph (a) of section 3 of section 1 of that act; or

Parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receives a medical examination and treatment pursuant to statute.

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