reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 433B - Additional Provisions Relating to Children › NRS 433B.340 - Abuse of consumer; failure to report abuse; possession or use of intoxicating beverage or controlled substance; transaction with consumer; aiding escape of consumer; penalties.

1. An employee of the Division or other person who:
(a) Has reason to believe that a consumer has been or is being abused or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into any building occupied by consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance while employed in contact with consumers, unless in accordance with a lawfully issued prescription;
(d) Enters into any transaction with a consumer involving the transfer of money or property for personal use or gain at the expense of the consumer; or
(e) Contrives the escape, elopement or absence of a consumer,
is guilty of a misdemeanor.
2. An employee of the Division or other person who willfully abuses or neglects any consumer:
(a) If no substantial bodily harm to the consumer results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the consumer results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he or she is an officer or employee of the State, the person forfeits his or her office or position.
4. For the purposes of this section:
(a) "Abuse" means any willful or reckless act or omission to act which causes physical or mental injury to a consumer, including, but not limited to:
(1) The rape, sexual assault or sexual exploitation of the consumer;
(2) Striking the consumer;
(3) The use of excessive force when placing the consumer in physical restraints; and
(4) The use of physical or chemical restraints in violation of state or federal law.
Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.
(b) "Neglect" means any act or omission to act which causes injury to a consumer or which places the consumer at risk of injury, including, but not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment for the consumer;
(2) Provide the consumer with adequate nutrition, clothing or health care; and
(3) Provide a safe environment for the consumer.
Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.
(c) "Standard practice" is the skill and care ordinarily exercised by prudent medical personnel.
(Added to NRS by 1993, 2713; A 1995, 687, 1277, 1716; 1997, 544; 2011, 434)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.110 - Purposes of chapter.

The Legislature declares that the purposes of this chapter are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to persons with intellectual disabilities and persons with developmental disabilities, through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals be rendered only upon voluntary application.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625; 1999, 2603; 2013, 679; 2017, 2807)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.120 - Definitions.

As used in this chapter, unless the context requires otherwise:
1. "County board" means a county mental health advisory board.
2. "County director" means the director of a county program.
3. "County program" means a county community mental health program.
4. "Governing body" means the board of county commissioners.
5. "Service" means a mental health service.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.130 - Responsibility of Department for developing and administering preventive and other services for mental health.

The Department is designated as the official state agency responsible for developing and administering preventive and outpatient mental health services. The Department shall function in the following areas:
1. Assisting and consulting with local health authorities, local governments and all law enforcement agencies in this State in providing community mental health services, which services may include prevention, rehabilitation, case finding, diagnosis and treatment of persons with mental illness, and consultation and education for groups and individuals regarding mental health.
2. Coordinating mental health functions with other state agencies.
3. Participating in and promoting the development of facilities for training personnel necessary for implementing such services.
4. Collecting and disseminating information pertaining to mental health.
5. Performing such other acts as are necessary to promote mental health in the State.
(Added to NRS by 1961, 615; A 1963, 936; 1965, 373; 1969, 925; 2013, 3036; 2015, 1817)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.140 - Administration by Division; standards and regulations governing county programs.

The Division shall, subject to the supervision of the Commission, administer this chapter. The Commission shall adopt guidelines for county programs and regulations necessary thereto, but these standards and regulations must be adopted only after consultation with and approval of the county director of each program being so administered. These standards and regulations must support and maximize local responsibility for and control of county programs within the framework of general guidelines.
(Added to NRS by 1971, 1018; A 1973, 1406; 1975, 1626; 1985, 2274)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.160 - County mental health advisory board: Composition; terms of members.

1. The county program shall have a county mental health advisory board of 7 to 15 members appointed by the governing body. The composition of the county board shall be representative of providers of mental health services, recipients or consumers of mental health services, agencies and occupations having a working involvement with mental health services and the general public, but such representation need not be in any fixed proportion.
2. The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
(Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.170 - County board: Duties.

The county board shall:
1. Review and evaluate communities’ needs, services, facilities and special problems in the fields of mental health, intellectual disabilities and developmental disabilities.
2. Advise the governing body as to programs of community mental health services and facilities and services to persons with intellectual disabilities and persons with developmental disabilities and, when requested by the governing body, make recommendation regarding the appointment of a county director.
3. After adoption of a program, continue to act in an advisory capacity to the county director.
(Added to NRS by 1965, 765; A 1975, 1626; 1999, 2604; 2013, 679; 2017, 2807)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.180 - County director: Appointment.

The county board, with the approval of a majority of the governing body, shall appoint a county director, who must be a person professionally qualified in the field of psychiatric mental health. The choice of appointing a physician or one who is not a physician rests with the county board, and in making such choice the county board shall consider the duties that the county director is expected to perform.
(Added to NRS by 1965, 765; A 1971, 1019; 1975, 1627)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.190 - County director: Duties.

The county director shall:
1. Serve as chief executive officer of the county program and be accountable to the county board.
2. Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to persons with intellectual disabilities or persons with developmental disabilities, except as administrative responsibility is otherwise provided for in this title.
3. Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his or her duties, including the control and prevention of psychiatric disorders and the treatment of intellectual disabilities and developmental disabilities.
(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627; 1999, 2604; 2013, 679; 2017, 2807)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.210 - Agreement for joint program: Provisions.

1. Any agreement between two or more counties for the establishment of joint county programs shall provide:
(a) That each county shall bear its share of the cost of the joint county program in proportion to the population of each county served.
(b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint program and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he or she is county treasurer.
2. Any such agreement may also provide:
(a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties.
(b) For appointments of members of the board for the joint program by the several participating counties.
(c) That for specified purposes officers and employees of such joint county programs shall be considered to be officers and employees of one participating county only.
(d) For such other matters as are necessary or proper to effectuate the purposes of this chapter.
(Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.220 - Provisions of chapter applicable to joint programs.

Unless otherwise expressly provided or required by the context, the provisions of this chapter relating to county community mental health programs and the appointment of county boards or county directors shall apply to joint county programs.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.230 - Contract with hospital, clinic, laboratory or other institution.

The county director may, with the approval of a majority of the governing body, contract for services and facilities with any hospital, clinic, laboratory or other similar institution.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.240 - Expenses: Charge against county.

The expenses incurred under the provisions of this chapter shall be a charge against the county and shall be audited, levied, collected and paid in the same manner as other charges.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.250 - Legislative appropriations; payment of claims.

Except as otherwise provided in this chapter:
1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the General Fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the Division for carrying out the provisions of this chapter shall be paid out on claims approved by the Administrator as other claims against the State are paid.
(Added to NRS by 1961, 616; A 1963, 937; 1965, 374, 769; 1969, 925; 1971, 1018; 1975, 1625)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.260 - Reimbursement by State for expenditures by county.

Expenditures made by counties for county programs, including services to persons with intellectual disabilities or persons with developmental disabilities, pursuant to this chapter must be reimbursed by the State pursuant to NRS 433C.270 to 433C.350, inclusive.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604; 2013, 680; 2017, 2807)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.270 - Services included in county program.

1. A service operated within a county program must be directed to at least one of the following mental health areas:
(a) Mental illness;
(b) Intellectual disabilities;
(c) Developmental disabilities;
(d) Organic brain and other neurological impairment; and
(e) Alcohol or other substance use disorders.
2. A service is any of the following:
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or information service; and
(h) Any other service approved by the Division.
(Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604; 2013, 680; 2017, 2808)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.280 - Eligibility for reimbursement: Requirements.

To be eligible for reimbursement a county, or in the case of joint county programs, two or more counties, shall first:
1. Establish one or more of the services provided for in NRS 433C.270. In-service training necessary to providing such services shall be proper items of expenditures subject to state reimbursement.
2. Annually submit to the Administrator a plan for proposed expenditures. The Administrator shall review such plan to determine compliance with standards established in this chapter and fix the amount subject to state reimbursement. Existing services may qualify pursuant to the provisions of this chapter for reimbursement upon determination by the county board that such services shall be subject to and administered under the provisions of this chapter.
(Added to NRS by 1965, 766; A 1971, 1022; 1975, 1629)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.290 - Reimbursement for expenditures for certain items; investigation and audit of expenditures.

Expenditures incurred for the items specified in NRS 433C.270 shall be subject to reimbursement in accordance with the regulations of the Division whether incurred by direct or joint operation of such services, by contracting for such services or by other arrangement pursuant to the provisions of this chapter. The Administrator may make such investigations and audits of such expenditures as the Administrator may deem necessary.
(Added to NRS by 1965, 767; A 1971, 1022; 1975, 1629)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.300 - Amount of reimbursement; disbursements through Division.

1. Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 433C.260 to 433C.290, inclusive, must be allotted to the governing body as follows:
(a) The State shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 433C.280 if the county has complied with the provisions of paragraph (b).
(b) Before payment under this subsection, the governing body of a county must submit evidence to the Administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to persons with intellectual disabilities or persons with developmental disabilities in the State of Nevada must be disbursed through the Division in accordance with the provisions of this chapter and rules and regulations adopted in accordance therewith.
(Added to NRS by 1965, 767; A 1969, 926; 1971, 1022; 1975, 1629; 1999, 2605; 2013, 680; 2017, 2808)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.310 - Reimbursement for joint programs.

Where counties have established joint county programs, expenditures subject to reimbursement are the prorated expenditures of such counties as provided by the agreement establishing the joint program.
(Added to NRS by 1965, 767; A 1971, 1023; 1975, 1630)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.320 - Expenditures subject to reimbursement; reimbursement prohibited for certain expenditures.

1. Expenditures subject to reimbursement include:
(a) Expenditures for the items specified in NRS 433C.270;
(b) Salaries of personnel;
(c) Approved facilities and services provided through contract;
(d) Operation, maintenance and service costs; and
(e) Such other expenditures as may be approved by the Administrator.
2. Reimbursement may not be made for:
(a) Expenditures for capital improvements;
(b) The purchase or construction of buildings;
(c) Compensation to members of a county board, except for actual and necessary expenses incurred in the performance of official duties;
(d) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;
(e) Expenditures incurred for court procedures under this or any other provision of law; or
(f) The cost of confinement of any person in excess of 90 days in any 1 calendar year.
3. Reimbursement may not be made to any county or counties which employ a physician in the county program who is not a lawful permanent resident of the United States.
(Added to NRS by 1965, 767; A 1971, 1023; 1973, 10; 1975, 1630)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.330 - Claims for reimbursement.

1. Claims for state reimbursement shall be made in such form, at such times, and for such periods as the Administrator shall determine.
2. When certified by the Administrator, claims for state reimbursement shall be presented to the State Board of Examiners.
(Added to NRS by 1965, 768)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.340 - Fees charged according to ability to pay; limitation.

Fees for mental health services, including services to persons with intellectual disabilities or persons with developmental disabilities, rendered pursuant to an approved county plan must be charged in accordance with ability to pay, but not in excess of actual cost.
(Added to NRS by 1965, 768; A 1975, 1630; 1999, 2605; 2013, 681; 2017, 2808)
2023 Nevada Revised Statutes › Chapter 433C - Community Mental Health Programs › NRS 433C.350 - Nevada Conference of County Community Mental Health Programs: Establishment; organization; meetings; purposes.

1. There is hereby established the Nevada Conference of County Community Mental Health Programs. The Division shall take appropriate steps to effectuate the establishment of the Conference as provided in this section.
2. The voting membership of the Conference shall consist of the county director of each county program and one member of the county board of each county program to be chosen by such board. The nonvoting membership of the Conference shall consist of the Administrator and such other employees of the Division as the Administrator shall designate, but such employees shall be not less than two nor more than 15 in number.
3. A scheduled meeting of the Conference shall be convened at least once every 6 months. A nonscheduled meeting shall be convened upon the request of two-thirds of the voting membership. Meetings shall be called and chaired by the Administrator or the Administrator’s official designee.
4. The Conference may organize itself in such manner and adopt such procedures as it deems appropriate.
5. The purpose of the Conference is to serve as an organized forum for the discussion of the following matters:
(a) Recommendations for rules of the Division to implement this chapter as provided in NRS 433C.140;
(b) Coordination and integration of county program services and state services; and
(c) Such other matters as members may bring before the Conference in connection with county programs or the relationship between county programs and the Division.
6. A resolution, proclamation, recommendation or similar pronouncement of the Conference does not have any legal effect.
(Added to NRS by 1965, 768; A 1975, 1631)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.005 - Applicability of chapter.

Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with intellectual disabilities or persons with developmental disabilities.
(Added to NRS by 1975, 1625; A 1999, 2594; 2013, 669; 2017, 2810)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.006 - Person’s legal rights; application of various provisions of chapter 433 of NRS and all of chapter 433A of NRS to persons with intellectual disabilities.

1. Nothing in this chapter purports to deprive any person of any legal rights without due process of law.
2. Unless the context clearly indicates otherwise, the provisions of NRS 433.545 to 433.551, inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.
(Added to NRS by 2015, 57)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.009 - Policy concerning persons with intellectual disabilities and developmental disabilities.

It is the policy of this State that persons with intellectual disabilities and persons with developmental disabilities:
1. Receive services in a considerate and respectful manner;
2. Are recognized as individuals before recognizing the disabilities of the persons; and
3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.
(Added to NRS by 2011, 2600; A 2017, 2812)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.010 - County commissioners to make provision for support, education and care of children.

1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the children with intellectual disabilities and children with developmental disabilities of their respective counties.
2. For that purpose, they are empowered to make all necessary contracts and agreements to carry out the provisions of this section and NRS 435.020 and 435.030. Any such contract or agreement may be made with any responsible person or facility in or without the State of Nevada.
3. The provisions of this section and NRS 435.020 and 435.030 supplement the services which other political subdivisions or agencies of the State are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.
[1:77:1929; NCL § 1057]—(NRS A 1969, 447; 1975, 1618; 1999, 2595; 2005, 22nd Special Session, 53; 2013, 670; 2017, 2812)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.020 - Children entitled to provision of support, education, care and transportation by county commissioners.

All children with intellectual disabilities and children with developmental disabilities are entitled to benefits under this section and NRS 435.010 and 435.030:
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable to pay for their support and care; and
3. If division facilities are to be utilized, whom the Division recognizes as proper subjects for services within such division facilities.
[Part 3:77:1929; NCL § 1059]—(NRS A 1959, 551; 1973, 1635; 1975, 1618; 1999, 2595; 2005, 22nd Special Session, 54; 2013, 670; 2017, 2812)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.030 - Application for services; certificate of county commissioners; transportation of child.

1. A parent, relative, guardian or nearest friend of any child with an intellectual disability or any child with a developmental disability who is a resident of this State may file with the board of county commissioners of the proper county an application under oath stating:
(a) That the child meets the criteria set forth in NRS 435.020; and
(b) That the child requires services not otherwise required by law to be provided to the child by any other county, political subdivision or agency of this or any other state.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
3. The board of county commissioners shall make necessary arrangements for the transportation of a child with an intellectual disability or a child with a developmental disability to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or facility in or without the State of Nevada under contract with the board of county commissioners to receive any such child.
[Part 2:77:1929; NCL § 1058] + [Part 3:77:1929; NCL § 1059]—(NRS A 1969, 447; 1975, 1618; 1999, 2595; 2013, 670; 2017, 2812)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.060 - Operation of facilities by Division.

The Division may operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities until such a person is able to reside in an appropriate community-based setting that is not a facility.
(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761; 1999, 2596; 2013, 671; 2017, 2815; 2021, 579)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.070 - Administration of facilities; regulations.

The Division is responsible for the administration of all residential facilities for groups established pursuant to NRS 435.060 to 435.120, inclusive, and may enter into such agreements with public and private agencies and adopt such regulations as it deems necessary for the operation of any facility.
(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.077 - Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court.

1. The Administrator shall adopt regulations for the transfer of persons with intellectual disabilities or persons with developmental disabilities from one facility to another facility operated by the Division.
2. Subject to the provisions of subsection 3, when the Administrator or his or her designee determines that it is in the best interest of the person, the Administrator or his or her designee may discharge, or place on convalescent leave, any person with an intellectual disability or a person with a developmental disability in a facility operated by the Division.
3. When a person with an intellectual disability or a person with a developmental disability is committed to a division facility by court order, the committing court must be given 10 days’ notice before the discharge of that person.
(Added to NRS by 1971, 1489; A 1975, 1619; 1981, 895; 1999, 2596; 2013, 671; 2017, 2815)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.085 - Transfer of person from division facility to hospital; payment of expenses.

The administrative officer of a division facility may authorize the transfer of a person with an intellectual disability or a person with a developmental disability to a hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:
1. In the case of a person with an intellectual disability or person with a developmental disability who is judicially committed, the expenses must be paid by the person’s parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with an intellectual disability or the person with a developmental disability;
2. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.
(Added to NRS by 1971, 1488; A 1973, 116, 1237; 1975, 1620; 1999, 2597; 2013, 672; 2017, 2816; 2019, 2646)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.090 - Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action.

1. When any child with an intellectual disability or any child with a developmental disability is committed to a division facility by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of the child regarding the ability of the parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of the child while residing in the facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from the estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 672; 2017, 2817)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.100 - Continuation or initiation of contributions for support upon transfer of person from one division facility to another.

1. When any person with an intellectual disability or any person with a developmental disability is transferred from one care facility operated by the Division to another care facility operated by the Division, the parent, parents or guardian shall continue to contribute the amount for the care, support and maintenance of the person as may have previously been ordered by the court of competent jurisdiction committing the person.
2. If no such order was entered by the committing court, the Division may petition the court for an order requiring the parent, parents or guardian to contribute.
3. Any order for contribution entered under the provisions of subsection 2 must be entered in the same manner and has the same effect as an order for contribution entered under the provisions of NRS 435.090.
(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 673; 2017, 2817)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.110 - Agreement for contributions of support between Division and parents or guardian of child admitted to division facility upon request; recovery by legal action; payments from estate of child.

1. When any child with an intellectual disability or any child with a developmental disability is admitted to a facility operated by the Division at the request of a parent, parents or guardian, the parent, parents or guardian shall enter into an agreement with the Division providing for the contribution of an amount for the care, support and maintenance of the child as determined by the Division to be reasonable. In determining the amount, the Division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.
2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the Division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest.
3. If the Division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of the child, but that the estate of the child is able to contribute, the Division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of the child, if there is none, and for an order requiring the guardian to contribute an amount as determined by the court.
(Added to NRS by 1969, 443; A 1971, 1490; 1975, 1621; 1999, 2598; 2013, 673; 2017, 2817)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.115 - Schedule of fees for services.

The Administrator shall establish a fee schedule, subject to the approval of the Director of the Department, for services rendered to persons with intellectual disabilities and persons with developmental disabilities by the Division.
(Added to NRS by 1971, 1489; A 1973, 1406; 1975, 1622; 1981, 275; 1999, 2599; 2013, 673; 2017, 2818; 2021, 579)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.120 - Disposition of money collected by Division.

Any money collected by the Division under NRS 435.060 to 435.110, inclusive, must be deposited in the State Treasury, accounted for separately by the Division and must be expended for the augmentation of the intellectual disability residential placement function, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
(Added to NRS by 1969, 443; A 1971, 1491; 1975, 1622; 1981, 263; 2013, 674)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.121 - Types of admission; forms for admission.

1. There are two types of admissions of persons with intellectual disabilities or persons with developmental disabilities to an intellectual and developmental disability center:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a person with an intellectual disability or a person with a developmental disability to an intellectual and developmental disability center must be made on a form approved by the Division and the Attorney General. The clerk of each district court in the State shall make the forms available to any person upon request.
(Added to NRS by 1981, 1577; A 1999, 2599; 2013, 674; 2017, 2818)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.122 - Voluntary admission.

1. Any person with an intellectual disability or any person with a developmental disability may apply to any intellectual and developmental disability center for admission as a voluntary consumer. The person’s parent or guardian or another responsible person may submit the application on his or her behalf.
2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.
(Added to NRS by 1981, 1577; A 1999, 2599; 2011, 435; 2013, 674; 2017, 2818)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.123 - Involuntary admission: Petition to district court; certificate of professional who examined person stating conclusions.

Whenever a person is alleged to be a person with an intellectual disability or a person with a developmental disability and is alleged to be a clear and present danger to himself or herself or others, the person’s parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to an intellectual and developmental disability center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or licensed psychologist experienced in the diagnosis of intellectual disabilities or developmental disabilities, stating that he or she has examined the person within the preceding 30 days and has concluded that the person is a person with an intellectual disability or a person with a developmental disability, has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.
(Added to NRS by 1981, 1577; A 1989, 1552; 1999, 2599; 2013, 674; 2017, 2818)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.124 - Involuntary admission: Hearing on petition; notice.

Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:
1. Determine whether appropriate space and programs are available for the person at the intellectual and developmental disability center to which it is proposed that the person be admitted; and
2. If appropriate space and programs are available, set a time and place for a hearing on the petition.
The hearing must be held within 7 calendar days after the date when the petition was filed. The clerk of the court shall give notice of the hearing to the person who is the subject of the petition, the person’s attorney, if known, the petitioner and the administrative officer of the intellectual and developmental disability center to which it is proposed that the person be admitted.
(Added to NRS by 1981, 1577; A 2013, 674; 2017, 2818)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.125 - Involuntary admission: Examination or evaluation of person.

1. After the petition is filed, the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the intellectual and developmental disability center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of intellectual disabilities and developmental disabilities. The examination or evaluation must indicate whether the person is or is not a person with an intellectual disability or a person with a developmental disability and whether the person is or is not in need of institutional training and treatment.
2. The court may allow the person alleged to be a person with an intellectual disability or a person with a developmental disability to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany the person to the place of examination.
(Added to NRS by 1981, 1578; A 1989, 1552; 1999, 2600; 2013, 675; 2017, 2819)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.126 - Involuntary admission: Right to counsel; appointment of counsel; compensation of appointed counsel.

1. The person alleged to be a person with an intellectual disability or a person with a developmental disability, or any relative or friend acting on the person’s behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to an intellectual and developmental disability center.
2. If counsel has not been retained, the court, before proceeding, shall advise the person and the person’s guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.
3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent the person. If the person is indigent, the counsel appointed may be the public defender.
4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with an intellectual disability or a person with a developmental disability last resided.
(Added to NRS by 1981, 1578; A 1999, 2600; 2013, 675; 2017, 2819)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.127 - Involuntary admission: Evidence; rights of person.

In proceedings for involuntary admission of a person to an intellectual and developmental disability center:
1. The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or licensed psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.
2. The person must be present and has the right to testify, unless the physician or licensed psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he or she is unable to be present.
3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.
(Added to NRS by 1981, 1578; A 1989, 1553; 2013, 675; 2017, 2819)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.128 - Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

1. Upon completion of the proceedings for involuntary admission of a person to an intellectual and developmental disability center, if the court finds:
(a) That the person is a person with an intellectual disability or a person with a developmental disability, has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;
(b) That appropriate space and programs are available at the intellectual and developmental disability center to which it is proposed that the person be admitted; and
(c) That there is no less restrictive alternative to admission to an intellectual and developmental disability center which would be consistent with the best interests of the person,
the court shall by written order certify that the person is eligible for involuntary admission to an intellectual and developmental disability center.
2. A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the intellectual and developmental disability center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.
(Added to NRS by 1981, 1578; A 1999, 2600; 2011, 435; 2013, 676; 2017, 2820)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.129 - Discharge of consumer; notice to consumer, consumer’s representative and court.

1. If the administrative officer of an intellectual and developmental disability center finds that a consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that consumer.
2. A written notice of the discharge must be given to the consumer and the consumer’s representatives at least 10 days before the discharge.
3. If the consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the person’s admission.
(Added to NRS by 1981, 1579; A 2011, 436; 2013, 676; 2017, 2820)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.130 - Declaration of legislative intent.

The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, is to aid persons with intellectual disabilities and persons with developmental disabilities who are not served by existing programs in receiving high quality care and training in an effort to increase independence.
(Added to NRS by 1969, 1008; A 1975, 1622; 1999, 2601; 2009, 2236; 2013, 676; 2017, 2820; 2021, 579)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.140 - Definitions.

As used in NRS 435.130 to 435.310, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.172 to 435.179, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 1008; A 1975, 1622; 2009, 2236; 2011, 2130; 2013, 2730; 2017, 2820; 2023, 2951)