NAC432B.170. Determination and appeal of case findings; duties relating to central registry.

     1. After the investigation of a report of the abuse or neglect of a child, an agency which provides child welfare services shall determine its case findings based on whether there is reasonable cause to believe a child is abused or neglected, or threatened with abuse or neglect, and whether there is credible evidence of alleged abuse or neglect of the child. The agency shall make one of the following findings:

     (a) The allegation of abuse or neglect is substantiated; or

     (b) The allegation of abuse or neglect is unsubstantiated.

     2. The agency which provides child welfare services shall enter the findings of the investigation in the central registry established pursuant to NRS 432.100.

     3. When a finding of confirmed abuse or neglect of a child by the person responsible for the welfare of the child has been made, the agency which provides child welfare services shall:

     (a) Provide written notification to the person concerning his right to appeal the finding; and

     (b) Provide information on the appeals process.

     4. A request for an appeal must be made in writing to the agency within 15 days after the date on which the written notification is sent.

     5. A hearing that is held pursuant to this section must be conducted in accordance with chapter 233B of NRS.

     6. A communication or request relating to information contained in the central registry established pursuant to NRS 432.100 must be retained in the manner set forth in chapter 239 of NAC.

     7. As used in this section:

     (a) “Substantiated” means that a report made pursuant to NRS 432B.220 was investigated and that credible evidence of the abuse or neglect exists.

     (b) “Unsubstantiated” means that a report made pursuant to NRS 432B.220 was investigated and that no credible evidence of the abuse or neglect exists. The term includes efforts made by an agency which provides child welfare services to prove or disprove an allegation of abuse or neglect that the agency is unable to prove because it was unable to locate the child or the person responsible for the welfare of the child.

     [Welfare Div., Standards for Child Protective Services part Art. III-C, eff. 9-11-87; A 10-19-90]—(NAC A by Div. of Child & Fam. Services, 7-8-96; R221-97, 6-5-98; R068-99, 11-8-99; R045-02, 7-23-2002)