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Panel advances bill to extend attorney-fee protection for mandated reporters in child-abuse cases
Summary
Clark County prosecutors and law-enforcement witnesses supported Senate Bill 409, which would add the right to recover attorney's fees and costs for mandated reporters who prevail in civil actions arising from good-faith reports of child abuse or neglect, aligning Nevada law with federal CAPTA protections.
The Clark County District Attorney’s Office presented Senate Bill 409 to the Senate Committee on Health and Human Services, describing the measure as a targeted statutory change to encourage medical professionals and other mandated reporters to provide necessary medical opinions and information in child-abuse investigations.
Amity Latham, a child-welfare prosecutor in the Clark County DA’s Office, told the committee that the bill implements an additional protection found in the federal Child Abuse Prevention and Treatment Act (CAPTA) as amended in 2018. Nevada has long protected mandated reporters from liability and provided a presumption of good faith under NRS 432B.160; SB 409 would add a remedy allowing a prevailing mandated reporter to request reasonable attorney’s fees and costs in a civil action arising from a report or from providing information or assistance in good faith.
Latham said the lack of that fee-shifting protection has made some medical providers reluctant to offer expert opinions needed by child-protective services and prosecutors. The bill is limited in scope, she said, to mandated reporters and is intended to encourage medical professionals and others to participate fully in abuse investigations without heightened fear of protracted litigation costs.
Las Vegas Metropolitan Police Department and other supportive agencies offered brief testimony in favor. After the hearing, the committee took formal action on SB 409: Senator Lang moved to do pass the bill and Senator Stone seconded; the motion carried, and the committee assigned a floor statement to Senator Titus.
Closing: Proponents argued SB 409 would align state law with federal practice, remove a barrier to timely medical evaluation and protect professionals who make good-faith reports; no organized opposition testified in committee.
