CONTRADICTORY ENFORCEMENT
Charging a parent with failure to protect in response to the protective action of reporting abuse to the authorities — whose sworn responsibility is to protect and serve — is enforcement in direct conflict with Nevada’s child neglect statute.
NEGLECT
Under NRS 432B.020, neglect refers to negligent treatment or maltreatment of a child, caused or allowed by a person responsible for the welfare of the child, under circumstances indicating that the child’s health or welfare is harmed or threatened with harm.
Under NRS 432B.020(3), allow means doing nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.
PROTECTION
Taking reasonable and responsible action that provides necessary care and reduces a child’s risk of harm — including seeking help or resources when safety is threatened.
REASONABLE
ACTION
PROVIDES
NECESSARY CARE
REDUCES RISK
OR HARM
REPORTING DOMESTIC VIOLENCE TO AUTHORITIES
*
*if laws were applied in the manner intended
CHARGING PROTECTIVE REPORTING PARENTS WITH "FAILURE TO PROTECT"
SEPARATING CHILDREN FROM PROTECTIVE PARENTS
PLACING CHILDREN WHO HAVE PROTECTIVE PARENTS IN FOSTER CARE
When lawful protection is punished as neglect,
compliance is a liability, not a safeguard.