ONLY ON 4: Mandated Reporters Not Prosecuted in Lyon County Child Assault Case

Reported by: Shelby Sheehan
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Updated: 10/30/2012 3:16 pm
LYON COUNTY, Nev.(KRNV & MyNews4.com)--Mandated reporters are required by law to report any suspected child abuse or neglect.
 NRS-432B clearly outlines who those people are in the community.
 They are doctors, teachers, school officials, clergyman among many others.
 But a Lyon County family says after their daughter became a victim at school the adults who were supposed to protect her, failed her, saying they didn't report more than one incident to authorities.

"She had been ganged up on by a group of boys and spanked, that was the first incident we had with our daughter."
Hearing about his eight year old daughter being spanked by a group of 5 boys at school was concerning to this Dayton father and his wife who wish to remain anonymous.
School officials at Riverview Elementary told them what had happened and some in school disciplinary action was taken but then just a few days later, two of the same boys allegedly harassed her again on the bus.
"Two young men exposed themselves to my daughter on the bus."
The parents say the 8 year old told the substitute bus driver, but the driver's statement to the Lyon County Sheriff's Office reads: "I did not see anything happen and if the student did report it to me, I did not understand what she told me."
The bus driver did not report anything to anyone.
The family says the school claims the first time it was aware of the bus incident on December 12th was when the parents called to report yet another incident that happened 2 days later on December 14th.
The eight year old came home with blood in her underwear and the parents took her to her pediatrician who filed a report with child protective services of suspected sexual abuse.
 Reporter question, "Did the school report the 3 incidents at all to the Lyon County Sheriff's Office? The father says, "No, they did not report any of them."

The girls parents are upset that the bus driver and the school principal never contacted authorities as required by Nevada's mandatory reporting law designed to protect children
"What are they doing to keep our children safe especially when you call and report it and nothing happens you don't see any action at all."
The mother is expressing a deep concern. "Are they really capable of dealing with our kids?"

The Sheriff's Office filed a failure to report against the principal of the school Nolan Greenburg in March for not reporting suspected sexual abuse, however, the case against the principal was not pursued by the Lyon County District Attorney.
The father says, "We were told that because there were no charges brought against the children that nothing could be done with that law."
News Four contacted the Lyon County District Attorney and was told if no charges were brought against the perpetrators, no charges can be brought against the principal for failure to report.

The attorney who handled the case, the deputy district attorney and District Attorney Bob Auer all refused  to discuss the matter on camera and repeatedly said without an underlying criminal conviction they are prohibited from charging the principal who did not report.

News Four checked with the Legislative Counsel Bureau to find out if a conviction is required to trigger the mandatory reporting law they said nothing in the law requires a conviction.
 
The director of Washoe County Child Protective Services says the mandatory reporting law is clear and is not affected by whether of not a perpetrator is convicted.
Kevin Schiller says, "The reporting perspective of it is just that. Was a report made in accordance with what is required."

Schiller says the law protects  people who report suspected abuse, however if no report is made law enforcement cannot protect children.
If a reporter does not notify authorities of any suspected child abuse or neglect  they have committed a misdemeanor crime.
"The importance of that law... If we don't receive the reports we can't get out to provide proactive preventative services and determine how to keep a child safe."

News Four asked the Deputy District Attorney to explain what law requires a conviction prior to charging someone with a failure to report child abuse.  
He emailed several statutes but failed to answer the question. 

We have included those laws that he sent below.

 

There are two separate locations in the Nevada Revised Statutes that govern the reporting concerning children.  NRS 432B.220 et seq. set forth the requirements for reporting abuse or neglect and reports of prenatal illegal substance abuse. NRS 202.870 et seq. set forth the requirements for the reporting of certain violent or sexual offenses against children. 

 

Pursuant to NRS 432B.020 “abuse or neglect of a child” is defined as physical or mental injury of a nonaccidental nature, sexual abuse or sexual exploitation or “negligent treatment or maltreatment.” Pursuant to NRS 432B.140 negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence, education, shelter, medical care or other care necessary for the wellbeing of the child. There is no definition within Chapter 432B defining sexual abuse or sexual exploitation; however, NRS 202.876 defines a “violent or sexual offense.”  “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:

     1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to200.260, inclusive.

     2.  Mayhem pursuant to NRS 200.280.

     3.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

     4.  Sexual assault pursuant to NRS 200.366.

     5.  Robbery pursuant to NRS 200.380.

     6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

     7.  Battery with intent to commit a crime pursuant to NRS 200.400.

     8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

     9.  False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

     10.  Assault with a deadly weapon pursuant to NRS 200.471.

     11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.

     12.  An offense involving pornography and a minor pursuant toNRS 200.710 or 200.720.

     13.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

     14.  Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

     15.  Open or gross lewdness pursuant to NRS 201.210.

     16.  Lewdness with a child pursuant to NRS 201.230.

     17.  An offense involving pandering or prostitution in violation ofNRS 201.300201.320 or 201.340.

     18.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

     19.  An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.

 

Additionally, in the cross-reference section of Chapter 432B Sexual abuse of a child is cross referenced with Statutory sexual seduction pursuant to NRS 200.368, Mutilation of genitalia of a female child pursuant to NRS 200.5083, Incest pursuant to NRS 201.180.

 

NRS 432B.220 sets forth the persons who must make a report of the foregoing abuse.  If said persons know or have reason to that a child has been abused or neglected as discussed supra, then they must report that pursuant to the method described in NRS 432B.230  or face the misdemeanor penalty as set forth in NRS 432B.240.

 

Pursuant to NRS 202.882 sets forth the duty to report violent or sexual offenses against a child 12 years of age or younger as well as the penalties for failure to report.  Again, “violent and sexual” offense has been described supra. A person who fails to report a violent or sexual offense against a child is guilty of a misdemeanor. NRS 202.882(2).  Pursuant to NRS 202.885 a person may not be prosecuted or convicted pursuant to NRS 202.882 unless a court in this State or any other jurisdiction has entered a judgment against the culpable actor for a violent or sexual offense against the child or any other offense arising out of the same facts as the violent or sexual offense against the child.

 

A review of the case at hand indicated that upon notification of the relevant incidents school officials investigated the allegations of which they were made aware and made a determination that no abuse or neglect or violent or physical offense pursuant to Chapters 432B and 202 occurred.  The Sheriff’s office investigation similarly did not reveal abuse or neglect or violent or physical offense pursuant to Chapters 432B and 202.  Further, no “culpable actor” has been convicted.

 

As a further note NRS 388.121 et seq. discuss the provision of safe and respectful learning environments including addressing “bullying,” “cyber-bullying,” “harassment,” and “intimidation.” NRS 388.121 et seq. address certain requirements of school districts to adopt policies to provide a safe and respectful learning environment free of bullying; however, NRS 388.121 et seq. does not require the notification of law enforcement and does not provide a criminal penalty.

 

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rafferty - 11/19/2012 6:42 PM
0 Votes
The silver Springs clinic did NOT reort that my child was molested, 25 years ago. I'd taken her there, and then went back to ask about the investigation. They said, you were supposed to have brought her back IN- FIRST. Why? they already knew! THAN- the police out there in STagecoach, when told, said "boys will be boys"! OIt was the Scout leaders' son. HE didn't do anything with his son, because he said "the boy only comes' for visits"! I'd told the police to go get him immediately! Never happened!

1SAWB - 11/14/2012 2:44 PM
0 Votes
oh and i forgot that we also found out that 5 kids jumped my son and guess who got APEP for 10 days with out us even being contacted ....yup my son. when i spoke to him and other's about what went down. my son was just walking home and this happen. he took care of them too. come to find out all these kids where considered bully's in the school and i even had a talk with a parent that these same 5 kids beat there son up almost daily. the last talk they had with teh school and deputies was that theye where going to mess with the wrong kid one day and they did.. i have a zero tolerance for either of my kids fighting but they also know that if someone starts it THEY better be the ones finishing it

1SAWB - 11/14/2012 2:39 PM
0 Votes
TG#1 3XDAD I'M SAD TO SAY THAT THE SAME THING HAPPEN TO MY SON. UNFORTUNATLY THE KID PICKED ON THE WRONG KID. FIRST OF ALL HE IS A WRESTLER AND HAS DONE GRAPPLING AND MMA. MY SON BEAT THIS KIDS BUTT AND MY SON WAS THE ONE SUSPENDED. THEY SAID HE SHOULD HAVE JUST WALKED AWAY.ARE YOU KIDDING ME !!!! WE GOT THE SAME RESPONSE FROM THE SCHOOL "OH HE COMES FROM A TROUBLED FAMILY LIFE" WE WENT TO MAKE A POLICE REPORT AND YOU WOULD BELEIVE THE AMOUNT OF CRAP WE HAD TO GO THRU TO MAKE THE DEPUTY TAKE THE REPORT. ON TOP OF IT ALL MY SON WAS THE ONE THAT GOT SUSPENDED. I FOUGHT THEM TOOTH AND NAIL ON IT THAT HE DEFENDED HIMSELF. I BROUGHT ALOT TO THE ATTENTION OF THE SCHOOL AND THE LOCAL PD AND HONESTLY THEY COULD CARELESS. THRU ALL OF THIS WE HEARD THAT THE KID LIVED RIGHT BEHIND US. ONE DAY THE DEPUTY CAME TO MY HOUSE AND SAID HE SPOKE WITH THE BOY AND THE PARENTS AND THE KID OWENED UP TO DOING IT. I ASKED IF THE KID LIVED BEHIND UP AND I WAS TOLD " OH NO THERE IS A WHOLE RIVER THAT SEPERATES YOU TWO" WHEN THE DEPUTY LEFT MY SON SAID"DAD HE IS LYING THE KID DOES LIVE THERE AND WAS YELLING STUFF AT ME" WHY IS IT THAT WE MUST FORCE THESE PEOPLE TO DO THERE JOB'S AND ALL THEY DO IS COMPLAIN ABOUT HAVING TO DO IT. WE PULLED OUR SON FROM DAYTON SCHOOLS AND HE STARTED TODAY IN CARSON

truthhurts - 10/10/2012 9:53 PM
0 Votes
I think its pathetic the way the lyon county school system. and sherrifs dept has turned their heads and adopted a blind eye to whats going on!!! Have they forgotten so quickly fernleys past? Doesn't anyone remember Celeste Hill and her husbands horrendous crimes against our children? Given the knowledge that the sherrifs dept couldnt identify all the children who were victims,which in turn, out of sheer anger and frustration and confusion did and do now commit the same horrible crimes against others, when will our community stand up and tell the powers that be that we are tired of caring more about how lyon county looks to the outlying communities, our county is far from perfect, and we care more for our children than the resale value of our houses? I for one am sick to death of lyon county advertising this county as a great place to raise a family while the sheer volume of cases of violence and sexual misconduct against our youths is being swept under the carpet!!!! Its time we stood up and fought for our kids instead of our wallets!!

kochildabuse - 10/10/2012 7:36 AM
0 Votes
I am the President of Fighters Against Child Abuse. We are a National Child Abuse Org based out of Carson City Nevada. http://www.kochildabuse.com We have two divisions Fighters Against Child Abuse and Fighters Against Bullying. If you would like to join me for a Rally in the area of this school to show support for this child, and show her there are people that truly care that she received no justice in this case, email me! joey@kochildabuse.com

dad2004 - 10/9/2012 12:03 PM
0 Votes
I have seen what school bullying can do to a child’s life. In my case the Principal not only ignores the bullying, he has become the bully both emotionally and physically. My son is scared to go to his school. His principal has tried to bully both my son and myself. My son was bullied at the latch key program his first year, to the point where the other child was finally removed from the program. Now my son is afraid to go to the school. His teacher tells him he cannot see the nurse when he says he is sick . When I drop him off the security guard tells him he is going to call the principal in a threatening manner. When I took my son to the nurse myself, she tells him he doesn't want to go to a different school because those schools are bigger. After we left the nurse's station, the security guard grabbed my son outside the station and drug him down the hallway. The whole time my son was crying and screaming for my help, this in front of over 20 people. The principal called me upset, not about my son, but that I had videotaped the event. I requested a meeting with the principal and he refused. The following day, the principal grabbed my son by the arm and pulled him out of my car. When I finally got my meeting with the principal, neither of his teachers bothered to show up, even though I requested they be there. The principal did not remember yanking my son out of the car. In fact he did not remember the many times my son was lying on the ground crying not wanting to be bullied at the school He said he was not aware of any problems at the latch key program. I showed him violent pictures my son was drawing and the principal and the social worker said they could not help and were not aware of the pictures. The problem being they were drawn at school and his teacher even put a good job sticker on one of them. My son told me he felt safer if I would go into his class with him. His teacher told me I could and they encourage parents to do so in the school handbook.

StandsWithFist - 10/9/2012 8:39 AM
0 Votes
FYI: The reason it needs to be someone who can control their mouth is so that the school cannot come up with a reason to dismiss your presence at the school, claiming your presence is interfering with class. Write everything down, keep your composure and build a strong case of names, times and incident's. That's the only way to put the fear in them to do their jobs or have the records to make change in that school! Let them see you write things down... they hate that! LOL I don't care if it's the cafeteria lady dropping a biscuit on the floor and then putting it on a kids plate... anything wrong write down, the more the better!

StandsWithFist - 10/9/2012 8:22 AM
0 Votes
The system is horrible! I worked for the inner-city school district doing in-school detention with some of the most dangerous kids in the ghetto, in schools always on locked down, cameras at the door and no entry without being identified and buzzed in. Horrible Principles, teachers, parents and really messed up kids. Doesn't matter how much you report... nothing really ever get's done in time for the children. So, I took matters in my own hands walking a fine line with the system... I confronted those parents every day, relentlessly, face to face, eye to eye. I banged heads with the problem kids until they followed the rules and gave respect... the key is, be it a school, a parent or a child: Constant discipline for negative actions, fairness and respect! Those three things are key to getting along in life with others. Why not teach that in school? Parents of this problem school, get together and send a parent to sit in at that school as much as possible! A set of eye's and ears hanging around on random day's consistently will do wonders. It needs to be someone who can control their mouth and simply observe, recording everything in a notebook. If the Principle is not doing his job with the current events going on, what the heck is going on in the class room as well?

workingman - 10/8/2012 8:55 PM
0 Votes
My son was physically bullied and beaten for an entire week at Dayton Valley Elementary several years ago. the perpetrator was caught red handed. the principal did nothing. Told me I could write a report and he would put it my sons file. The perpetrator didn't even get called to the principal's office. I put my son in a private school. I am absolutely outraged this is still happening. I think the District management and the principal should be charged with criminal negligence and child endangerment. Absolutely outrageous ! unfortunately my son is back at DES with the same principal in charge. What will have to happen for this district to look out for the well being of our children?

3xdad - 10/8/2012 8:06 PM
0 Votes
Sorry I didn't mention it but it was at the same school. I'm a little pissed
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