Nevada Administrative Code Chapter 62G - Rehabilitation of Delinquent Children
Overview: NAC Chapter 62H – Records Related to Children
NAC 62H governs the creation, maintenance, and confidentiality of records concerning children in Nevada. It applies to:
Child welfare agencies
Schools and educational programs
Health and mental health providers serving minors
Key focus areas include:
Confidentiality and access to records
Retention and destruction of records
Sharing information with parents, guardians, and authorized personnel
Reporting requirements for abuse or neglect
The main goal is to protect the privacy, safety, and well-being of children while ensuring proper access to records for care and legal purposes.
Case 1: Unauthorized Disclosure of Child Records
Situation
A school counselor emails a student’s academic and medical information to a parent without verifying guardianship status.
Relevant NAC Rules
Records can only be released to authorized persons, such as legal guardians or designated officials.
Confidentiality must be maintained unless disclosure is legally mandated.
Board Analysis
Unauthorized disclosure breaches privacy requirements.
Risk of legal liability and breach of trust with the family.
Outcome
Written reprimand for the counselor.
Required training on confidentiality and proper release procedures.
Possible administrative penalties if repeated.
Purpose
Protects children’s privacy and ensures sensitive information is only accessed by authorized individuals.
Case 2: Improper Retention of Child Records
Situation
A daycare center maintains records for children who left the facility more than 10 years ago, far beyond the required retention period.
Relevant NAC Rules
Records must be retained for specified periods; after that, they must be properly destroyed.
Retention prevents unnecessary accumulation of sensitive information.
Board Analysis
Over-retention risks unauthorized access or misuse.
Violates administrative rules regarding record management.
Outcome
Center instructed to properly destroy outdated records.
Documentation procedures reviewed and updated.
Potential fines for non-compliance.
Purpose
Ensures privacy protection while maintaining compliance with recordkeeping laws.
Case 3: Denying Access to Authorized Parent
Situation
A parent requests copies of their child’s medical or educational records, but the school refuses without valid legal grounds.
Relevant NAC Rules
Parents or legal guardians have the right to access their child’s records.
Denial is allowed only in specific circumstances, e.g., court order or safety concerns.
Board Analysis
Denial without legal justification violates the NAC.
Parents have the right to review and obtain records.
Outcome
School required to provide requested records promptly.
Staff trained on proper procedures for parental access.
Documentation of compliance added to administrative records.
Purpose
Ensures parental rights and transparency in care and education.
Case 4: Sharing Records for Abuse Investigation
Situation
A mental health provider shares a child’s records with child protective services during an abuse investigation.
Relevant NAC Rules
Records may be shared with authorized agencies for protection, legal, or investigative purposes.
Proper documentation of disclosures is required.
Board Analysis
Sharing in this context is permitted and required by law.
Must ensure that only relevant information is shared.
Outcome
Disclosure documented in the child’s record.
Provider not penalized, as this complies with NAC requirements.
Purpose
Balances privacy with the child’s safety and legal obligations.
Case 5: Inadequate Recordkeeping
Situation
A pediatric clinic fails to record critical developmental milestones and immunization data for children under care.
Relevant NAC Rules
Records must be complete, accurate, and up-to-date.
Missing information may compromise care and regulatory compliance.
Board Analysis
Incomplete records risk mismanagement of health care.
Violates standards of documentation under NAC 62H.
Outcome
Clinic required to implement proper recordkeeping systems.
Staff trained on documentation standards.
Follow-up inspections scheduled to ensure compliance.
Purpose
Ensures continuity of care, accuracy, and regulatory compliance.
Case 6: Unauthorized Access by Staff Member
Situation
A staff member at a youth services facility accesses records of children they are not assigned to, out of curiosity.
Relevant NAC Rules
Access must be limited to personnel with a legitimate need.
Unauthorized access is prohibited and considered a serious violation.
Board Analysis
Violates privacy and confidentiality rules.
Creates risk of harm or misuse of sensitive information.
Outcome
Staff member reprimanded or terminated depending on severity.
Facility implements stricter access controls and audit trails.
Possible reporting to regulatory authorities.
Purpose
Protects the confidentiality of children and ensures only authorized staff access records.
Case 7: Improper Destruction of Records
Situation
A school destroys student records before the legally required retention period, including health and disciplinary records.
Relevant NAC Rules
Records must not be destroyed prematurely.
Specific retention timelines are mandated for different types of records.
Board Analysis
Premature destruction may prevent legal or medical review in the future.
Violates regulatory obligations.
Outcome
Facility fined or cited for non-compliance.
Policies updated for proper record retention.
Staff trained on retention schedules.
Purpose
Preserves essential records for safety, legal, and administrative purposes.
Key Takeaways from NAC 62H Cases
Access must be restricted to authorized individuals.
Confidentiality is paramount—unauthorized disclosures are violations.
Retention periods must be followed; premature destruction or over-retention is prohibited.
Complete and accurate records are required for care, legal, and administrative purposes.
Authorized disclosures, e.g., to child protective services, are permitted and sometimes required.
Staff access must be limited to their professional duties.
Facilities must document all disclosures, access, and destruction of records.
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