This morning Judge Douglas W. Herndon ruled (05-A-510196-P) on a motion filed by Clark County’s Department of Family Services seeking Declaratory Relief in regards to what can be disclosed to the public and the media about child abuse fatalities. The County sought court guidance in regards to how much information to release to the public and what types of information should be released in accordance with NRS 432B.290 and the Federal Child Abuse Prevention and Treatment Act (CAPTA).
Judge Herndon ruled that the following information can be disclosed to the public under Nevada Law and in accordance with CAPTA:
The first and last initials of the name of the child;
The child’s date of birth;
The child’s date of death;
Cause of death;
Child Protective Services/Child Welfare agency response to investigations, summary of services provided, referrals for services made and the results of services, other pertinent information regarding services provided for referrals made, and;
Child Protective Services/Child Welfare agency reasons for closing case, if applicable.
Herndon also ruled that provisions for keeping certain records confidential, as outlined for instance in NRS 432B.407(4), prevent the disclosure of certain documents, and as such, these documents remain confidential and cannot be made public.
January 17th, 2007 at 9:32 pm
Good decision by J. Herndon. Privacy does not end at or after a fatality. Children deserve added protection of confidentiality and that should not be waived by courts, media, parents, or CPS.