reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › CHILD WELFARE SERVICES AND CUSTODY › Section 432B.290 - Notification of noncustodial and joint custodial parents

Current through June 11, 2024
1. When a protective custody, foster care, out-of-home placement or court hearing is initiated, an agency which provides child welfare services shall attempt to notify a noncustodial or joint custodial parent through:
(a) A letter to his last known address, return receipt requested; and
(b) Contact by telephone, if his telephone number is known by the agency, followed by a letter.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › CHILD WELFARE SERVICES AND CUSTODY › Section 432B.300 - Resolution of grievances

Current through June 11, 2024
1. An agency which provides child welfare services shall establish and maintain a procedure for the review of a grievance of an applicant for or recipient of its services.
2. An applicant for or recipient of the services of an agency which provides child welfare services who wishes to obtain a review of a grievance concerning an action or decision of the agency affecting the services that may or are being provided to the applicant or recipient must file a written request with the agency which provides child welfare services within 30 days after the date on which the action or decision that is the subject of the grievance occurred or was made.
3. A grievance must not be resolved through a process of review established pursuant to this section if:
(a) The applicant or recipient is entitled to a hearing because the grievance constitutes a contested case as defined in NRS 233B.032;
(b) The matter which is the subject of the grievance is presently the subject of a proceeding before a court of competent jurisdiction;
(c) The applicant or recipient has initiated an action or proceeding in a court of competent jurisdiction to resolve the matter which is the subject of the grievance; or
(d) The subject of the grievance has already been decided by a court of competent jurisdiction.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › CHILD WELFARE SERVICES AND CUSTODY › Section 432B.310 - Termination of services and closure of cases

Current through June 11, 2024
1. If a child is found to be neglected, abused or exploited, services must be continued until the child is receiving proper care at home or elsewhere.
2. Cases must be continually assessed for achievement of the goals and objectives of the case plan. Services must be terminated when:
(a) The caseworker, in conference with his supervisor, determines that the goal of the case has been achieved;
(b) The child is receiving care that meets at least his minimum needs, and the parents have demonstrated their ability to continue to care for the child without the agency's services;
(c) The family requests termination and the case is one of voluntary child welfare services only;
(d) The court disposition is dismissal;
(e) The family can sustain adequate care;
(f) It is determined that the family is unable to benefit from further services and there is no immediate likelihood of an occurrence of abuse or neglect;
(g) The family cannot be located in the state and reasonable efforts to locate the family in another state have failed so that referral procedures cannot be followed;
(h) The applicant for services or the client is deceased and no other children in the family are at risk of abuse or neglect;
(i) An adolescent client marries, reaches 18 years of age or becomes emancipated;
(j) The family moves out of the state and the case is referred to the other state for child welfare services; or
(k) The family refuses services and no legal alternative is available to the agency.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › CHILD WELFARE SERVICES AND CUSTODY › Section 432B.315 - Closure of case concerning child adjudicated to be in need of protection; visitation of home of child in protective custody

Current through June 11, 2024
1. Except as otherwise provided in this subsection, to ensure the safety of the child, an agency which provides child welfare services shall not close a case concerning a child if a court of competent jurisdiction has ruled in an adjudicatory hearing that the child is in need of protection. The agency which provides child welfare services shall not close the case for at least 6 months after it is opened unless instructed to do so by the court.
2. A caseworker shall visit the home of each child who is placed into protective custody at least monthly.
Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002
NRS 432B.190
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › CHILD WELFARE SERVICES AND CUSTODY › Section 432B.320 - Maintenance of case records

Current through June 11, 2024
1. Case records must be kept in such a manner as to present a current and continuous account of the nature of any responsibility taken by an agency which provides child welfare services in providing services for each neglected or abused child, and to provide necessary material for evaluation by supervisory and administrative staff.
2. Case records must include:
(a) Clear and specific material pertinent to the child's situation and the function of the agency, including at least identifying data, the source of referral, the reasons for referral and the social work performed.
(b) An assessment of the family that clearly indicates the professional evaluation of the problem, the plan for social work, goals for the child and family, and periodic assessments of progress in carrying out the plan and achieving the goals.
(c) The following identifying information:
(1) The child's name, gender and address.
(2) The child's date of birth.
(3) The parent's name and address.
(4) The addresses of other members of the family.
(5) The legal status of the child.
(d) Reporting forms.
(e) The initial complaint.
(f) Information on the alleged perpetrator and the identification of potential witnesses.
(g) The findings and results of the investigation.
(h) Any applicable actions by, reports to and orders of a court.
(i) Notifications to parents.
(j) Summaries of contacts.
(k) Collateral contacts, reports and correspondences.
(l) The case plan, assessment and social diagnosis.
(m) The criteria for case closure.
(n) Documentation of services provided to prevent placement, when applicable.
(o) A narrative regarding termination of services.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › RESIDENTIAL INSTITUTIONS › Section 432B.330 - "Residential institution" defined

Current through June 11, 2024
As used in NAC 432B.330 to 432B.370, inclusive, unless the context otherwise requires, "residential institution" means a facility which provides care to a child on a 24-hour basis and which is operated by a public agency or private person, including facilities for the training and detention of youth, institutions for child care, facilities for mental health and mental retardation, boarding schools, residential programs for alcohol and drug abuse, group and family foster homes, and nursing homes caring for a child.
Welfare Div., Standards for Child Protective Services part Art. IX-B, eff. 9-11-87
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › RESIDENTIAL INSTITUTIONS › Section 432B.340 - Responsibility for consequences to children

Current through June 11, 2024
Residential institutions are responsible for:
1. Knowing the possible consequences of their actions or failure to act regarding children in their care, including the possible consequences to an individual child when, because of the child's circumstances, the possible consequences to him are greater than they would be to most children.
2. Providing the resources needed to prevent foreseeable harm to children. Not having the resources needed to prevent harm or threatened harm does not make the consequences accidental for the purposes of NRS 432B.020.
Welfare Div., Standards for Child Protective Services part Art. IX-B, eff. 9-11-87
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › RESIDENTIAL INSTITUTIONS › Section 432B.350 - Reporting of abuse or neglect; action by agency which provides child welfare services

Current through June 11, 2024
1. Residential institutions may establish internal procedures for reporting the suspected abuse or neglect of a child. However, such procedures do not relieve any person from the requirements of NRS 432B.220.
2. An agency which provides child welfare services shall determine if such a report received from a residential institution indicates that the safety of the child is or may be compromised and that an immediate intervention is needed to protect the child. If the assessment indicates that the child may not be safe in this environment, the agency shall take such action as it determines is necessary to protect the child. The action taken by the agency to protect the child may include, without limitation, removing the child pending an investigation or requesting that the institution remove the alleged perpetrator or limit the access of the alleged perpetrator to the child until an investigation is completed.
Welfare Div., Standards for Child Protective Services part Art. IX-C, eff. 9-11-87-NAC A by Div. of Child & Fam. Services by R045-02, 7-23-2002
NRS 432B.190
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › RESIDENTIAL INSTITUTIONS › Section 432B.360 - Investigation of report of abuse or neglect

Current through June 11, 2024
An agency which provides child welfare services shall:
1. Unless contraindicated, advise the director, operator or administrator of a residential institution that a report has been received regarding the abuse or neglect of a child in the institution's care and that an investigation will be conducted.
2. Ensure the safety of the alleged victim and of any other child who may be threatened with harm.
3. Determine if the report initially appears valid or is an operational or regulatory issue.
4. Determine if a team needs to be mobilized pursuant to NRS 432B.350.
5. Except as otherwise provided in this subsection, notify the agency, court, parent or other person legally responsible for a child involved in the complaint or investigation if the report appears to be valid. If a team is organized pursuant to NRS 432B.350, the team has the responsibility for seeing that the agency, court or person legally responsible for the child involved in the report is notified that an investigation is to be conducted. If the child is a ward of an agency or court, that agency or court is responsible for notifying the child's parents or other appropriate persons.
6. Refer areas of concern that do not involve the abuse or neglect of a child to the licensing or regulatory agency.
Welfare Div., Standards for Child Protective Services part Art. IX-D, eff. 9-11-87; A 10-7-88
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › RESIDENTIAL INSTITUTIONS › Section 432B.370 - Duties of team organized to investigate report of abuse or neglect

Current through June 11, 2024
A team organized pursuant to NRS 432B.350 shall, in conjunction with any agency of law enforcement whose involvement is appropriate, complete an investigation to determine:
1. The immediate safety of the alleged victim and the safety of other children in a residential institution involved in a report of the abuse or neglect of a child, if such issues are not addressed pursuant to NAC 432B.360.
2. Whether the report of abuse or neglect in the residential institution is substantiated.
3. If abuse or neglect occurred:
(a) Whether the perpetrator can be identified.
(b) Whether the facility is administratively responsible for the abuse or neglect.
(c) Whether the underlying causes of the abuse or neglect can be corrected administratively and, if so, to what extent.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.400 - Case plan for child receiving foster care; reports regarding child placed outside state where parents reside

Current through June 11, 2024
1. The agency which provides child welfare services shall develop a written case plan for a child within 45 days after the date on which the child is removed from his home. The case plan:
(a) Must:
(1) If possible, be developed jointly with a parent or guardian of the child who is receiving foster care;
(2) Be developed with input from the child if the agency which provides child welfare services determines it is appropriate, based on the age and stage of development of the child; and
(3) Be developed with input from the foster parent caring for the child.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.405 - Provision of services to child in foster care and his parents

Current through June 11, 2024
1. An agency which provides child welfare services shall ensure that:
(a) A caseworker visits each child placed in foster care at least monthly;
(b) At least bimonthly, the visit conducted pursuant to paragraph (a) takes place in the home in which the foster care is provided;
(c) A caseworker spends at least a portion of each visit conducted pursuant to paragraph (a) alone with the child; and
(d) A caseworker spends a portion of each visit conducted pursuant to paragraph (a) alone with the foster parent if requested to do so by the foster parent.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.410 - Provision of services to prepare child in foster care to live independently as adult

Current through June 11, 2024
1. The agency which provides child welfare services shall provide services designed to prepare a child in foster care to live successfully and independently as an adult. These services will be provided to each child in foster care who:
(a) Is 16 years of age or older;
(b) Is likely to remain in foster care until he is 18 years of age; and
(c) Demonstrates a willingness to participate in such services.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.420 - Semiannual assessment of child in custody of agency

Current through June 11, 2024
1. The agency which provides child welfare services shall complete an assessment for each child in the custody of the agency which provides child welfare services at least semiannually. The assessment must include:
(a) The current level of functioning of the child's family;
(b) An update of the history of the family as it pertains to the risk which prompted the placement of the child into foster care;
(c) The current risk to the child if he were to be returned to the custody of his parents or legal guardian;
(d) The services required to meet the child's needs as addressed in the case plan;
(e) The strengths and resources of the family of the child which can be used to meet the identified needs; and
(f) Any other information which may affect the factors set forth in paragraphs (a) to (e), inclusive, of this subsection.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.430 - Placement of child in unlicensed home of relative: General requirements

Current through June 11, 2024
1. Before an agency which provides child welfare services places a child who is in the custody of the agency in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state, the requirements set forth in this section and NAC 432B.435 must be satisfied.
2. Each member of a household described in subsection 1 who is 18 years of age or older must submit to the agency which provides child welfare services or its approved designee a complete set of his fingerprints and written permission authorizing the agency or its approved designee to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The agency or its approved designee may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted. When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the agency or its approved designee.
3. A local law enforcement agency must have provided to the agency which provides child welfare services a satisfactory report concerning each member of such a household who is 18 years of age or older.
4. The agency which provides child welfare services must have received a satisfactory clearance through the statewide central registry established pursuant to NRS 432.100 on each member of such a household who is 18 years of age or older.
5. The home must satisfy the requirements set forth in:
(a) NAC 424.400 for safety equipment, including, without limitation, smoke detectors and fire extinguishers; and
(b) NAC 424.420, as applicable, relating to pools and spas.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.435 - Placement of child in unlicensed home of relative: Restrictions on placement

Current through June 11, 2024
1. A child who is in the custody of an agency which provides child welfare services must not be placed in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state, if the relative of the child or any member of the household who is 18 years of age or older has a felony conviction for, has charges pending against him for a felony conviction for, or has been arrested and is awaiting final disposition of the charges pending against him for a felony conviction for:
(a) Child abuse or neglect;
(b) Spousal abuse;
(c) Any crime against children, including, without limitation, child pornography;
(d) Any crime involving violence other than an offense set forth in paragraph (e), including, without limitation, rape, sexual assault or homicide; or
(e) Assault, battery or a drug-related offense, if the assault, battery or drug-related offense was committed within the last 5 years, unless the administrator or designee of the administrator approves the placement. The administrator or his designee may approve the placement if such an approval is in the best interest of the child.
Nevada Administrative Code › Chapter 432B - Protection of Children From Abuse and Neglect › SERVICES FOR CHILDREN IN FOSTER CARE OR CUSTODY OF AGENCY WHICH PROVIDES CHILD WELFARE SERVICES › Section 432B.440 - Placement of child in unlicensed home of relative: Assessment of safety of child at time of initial placement

Current through June 11, 2024
The agency which provides child welfare services shall assess the safety of a child at the time of the initial placement in the home of a relative of the child who is not licensed pursuant to NRS 424.030 and who resides in this state.
Added to NAC by Div. of Child & Fam. Services by R045-02, eff. 7-23-2002
NRS 432B.190
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 433.003 to 433.013, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.003 - "Cemetery" defined

Current through June 11, 2024
"Cemetery" means the nonfunctioning burial park located on the
				grounds of Northern Nevada Adult Mental Health Services at 480 Galletti Way,
				Sparks, Nevada 89431.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.004 - "Cemetery authority" defined

Current through June 11, 2024
"Cemetery authority" means the Administrator of the
				Division.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.005 - "Director" defined

Current through June 11, 2024
"Director" means the director of the service for which a mental
				health-mental retardation technician performs his or her duties.
Added to NAC by Men.
				Hygiene & Men. Retardation Div., eff. 7-5-94; A by Div. of Men. Health
				& Dev. Services by R031-09, 10-27-2009
NRS
				  435.070
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.013 - "Removal" defined

Current through June 11, 2024
"Removal" means the disinterment and removal of human remains
				from a grave in the cemetery.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.040 - "Adult with a serious mental illness" and "child with a serious emotional disturbance" defined for counting purposes

Current through June 11, 2024
Each division facility shall use the following definitions to
				count the number of persons in this state who are adults with a serious mental
				illness or children with a serious emotional disturbance:
1. "Adult with a serious mental illness"
			 means a person who is at least 18 years old and has been diagnosed within the
			 immediately preceding 12 months as having a mental, behavioral or emotional
			 disorder as defined in the "Diagnostic and Statistical Manual of Mental
			 Disorders," as adopted by reference in NAC 433.050, other than an addictive
			 disorder, mental retardation, irreversible dementia or a disorder caused by an
			 abuse of alcohol or drugs, which interferes with or limits one or more major
			 life activities of the adult.
2.
			 "Child with a serious emotional disturbance" means a person who is less than 18
			 years old and has been diagnosed within the immediately preceding 12 months as
			 having a mental, behavioral or emotional disorder as defined in the "Diagnostic
			 and Statistical Manual of Mental Disorders," as adopted by reference in NAC
			 433.050, other than a mental disorder designated as a Code V disorder in the
			 Manual, a developmental disorder or a disorder caused by an abuse of alcohol or
			 drugs, which substantially interferes with or limits the child from developing
			 social, behavioral, cognitive, communicative or adaptive skills or his or her
			 activities relating to family, school or community. The term does not include a
			 child with a disorder which is temporary or is an expected response to
			 stressful events.
Added to NAC by Comm'n on
				Men. Health & Men. Retardation, eff. 8-24-88; A 11-19-90; R128-97,
				11-14-97
NRS
				  433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › GENERAL PROVISIONS › Section 433.050 - Adoption of Manual by reference

Current through June 11, 2024
The
Diagnostic and Statistical Manual of Mental
				Disorders
, 4th Edition Revised 1994,
				published by the American Psychiatric Association, Washington, D.C., and
				commonly referred to as "DSM," is hereby adopted by reference. This Manual may
				be obtained from the American Psychiatric Press, Inc., 1400 K Street, N.W.,
				Washington, D.C. 20005, for the price of $45, plus $7.50 for shipping and
				handling.
Added to NAC by Comm'n on
				Men. Health & Men. Retardation, eff. 8-24-88; A by R128-97,
				11-14-97
NRS
				  433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS › Section 433.060 - Requirements for certification

Current through June 11, 2024
1. The Division
			 will certify a mental health-mental retardation technician who is initially
			 employed by the Division in that position on or after July 5, 1994, if he or
			 she:
(a) Is at least 18 years of
			 age;
(b) Is a citizen of the United
			 States or is lawfully entitled to remain and work in the United States;
			 and
(c) Has successfully completed
			 the vocational and educational program established pursuant to
			 NRS
			 433.279.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS › Section 433.070 - Purposes of vocational and educational program

Current through June 11, 2024
1. The
			 vocational and educational program established by the Division pursuant to
			 NRS
			 433.279 will be designed to provide the
			 training necessary for a mental health-mental retardation technician to:
(a) Obtain certification from the
			 Division;
(b) Attain the status of
			 a permanent employee; and
(c)
			 Receive a promotion.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS › Section 433.080 - Compensation for participation in vocational and educational program; requirements to repeat failed courses

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, if a mental health-mental retardation
			 technician must participate in a vocational and educational program, the
			 Division will grant him or her a related amount of administrative leave with
			 pay or, when applicable, compensation for overtime in the form of pay or
			 leave.
2. The Division will not
			 permit a mental health-mental retardation technician who fails to complete
			 successfully a course at the appropriate level to take that course again with
			 pay unless he or she:
(a) Demonstrates good
			 cause for the failure to complete the course successfully; and
(b) Obtains the approval of the
			 director.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS › Section 433.090 - Renewal of certification

Current through June 11, 2024
1. Unless renewed,
			 a certificate expires 2 years after the date on which it was issued. A mental
			 health-mental retardation technician shall apply for renewal of his or her
			 certificate on or before the date of expiration. The application for renewal
			 must be:
(a) On a form prescribed by the
			 Division; and
(b) Accompanied by
			 evidence that he or she has completed 20 hours of continuing education during
			 the preceding 2 years in one or more courses or programs approved by the
			 Division.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › EDUCATION AND CERTIFICATION OF MENTAL HEALTH TECHNICIANS › Section 433.100 - Designation of certification

Current through June 11, 2024
A person who is certified by the Division may place the words
				or appropriate initials for the words "certified mental health-mental
				retardation technician" or "certified forensic technician" as applicable, after
				his or her name.
Added to NAC by Men.
				Hygiene & Men. Retardation Div., eff. 7-5-94
NRS
				  433.279
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › BURIAL PARK AT NORTHERN NEVADA ADULT MENTAL HEALTH SERVICES › Section 433.130 - Order by cemetery authority to disinter and remove remains

Current through June 11, 2024
1. The cemetery authority may order the
			 disinterment and removal of human remains interred in all or any part of the
			 cemetery if the cemetery authority determines that the further maintenance of
			 all or part of the cemetery as a burial place for the human dead is not in
			 accordance with the health, safety, comfort or welfare of the public.
2. The cemetery authority will prescribe a
			 reasonable time of not less than 1 year after which the cemetery authority may
			 proceed with a removal.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › BURIAL PARK AT NORTHERN NEVADA ADULT MENTAL HEALTH SERVICES › Section 433.140 - Notice of removal

Current through June 11, 2024
1. If the cemetery
			 authority determines that removal is necessary, the cemetery authority will
			 provide notice of the removal in accordance with the provisions of
			 NRS
			 451.110,
			 451.130
			 and
			 451.140.
2. If the cemetery authority determines that
			 any of the remains subject to removal may belong to a Native American tribe,
			 notice must be sent to the tribal council of that tribe.
Added to NAC by Div. of
				Men. Health & Dev. Services by R031-09, eff.
				10-27-2009
NRS
				  451.080
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › BURIAL PARK AT NORTHERN NEVADA ADULT MENTAL HEALTH SERVICES › Section 433.150 - Disposition of remains from removal; request for removal by family member or tribe

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, the human remains from a removal will be
			 subject to cremation and inurnment or reinterment elsewhere at the discretion
			 of the cemetery authority.
2. Upon
			 the written request to the cemetery authority by a family member or the Native
			 American tribe of the person whose remains are interred in the cemetery, the
			 cemetery authority will allow for the removal by the family member or the
			 Native American tribe. All documentation verifying the familial or tribal
			 relationship must be attached to the written request, and the costs related to
			 the removal must be paid by the family member or tribe.
3. Any removal must be conducted in
			 accordance with the laws and ordinances of the constituted authorities of the
			 city, county and State.
4. As used
			 in this section:
(a) "Cremation" means the
			 technical process that reduces human remains to bone fragments by using heat
			 and evaporation.
(b) "Inurnment"
			 means the disposition of cremated human remains by inserting the remains in an
			 urn and placing the urn in a crypt or niche.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › REPORTING THE ABUSE AND NEGLECT OF CONSUMERS › Section 433.200 - "Abuse" and "neglect" interpreted

Current through June 11, 2024
1. As used in
			 NRS
			 433.554, the term:
(a) "Abuse" includes, without limitation,
			 physical abuse, sexual abuse, verbal and mental abuse, and financial
			 exploitation.
(b) "Neglect"
			 includes, without limitation:
(1) Failure to
			 provide the degree of care or other service to a consumer that a person is
			 legally required or contractually obligated to provide, which may include,
			 without limitation, the provision of adequate medical care, nutrition,
			 hydration, clothing or assistance with personal hygiene; and
(2) Failure to act to prevent another person
			 from abusing or neglecting a consumer.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › REPORTING THE ABUSE AND NEGLECT OF CONSUMERS › Section 433.210 - Requirements

Current through June 11, 2024
1. An employee or contractor who knows or
			 reasonably believes that a consumer has been or is being abused or neglected
			 shall report the abuse or neglect of the consumer:
(a) Verbally, not later than 1 hour after the
			 employee or contractor becomes aware of the abuse or neglect; and
(b) In writing, not later than 24 hours after
			 the employee or contractor becomes aware of the abuse or neglect.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.220 - Definitions

Current through June 11, 2024
As used in NAC
				433.220 to
				433.285, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC
				433.225 to
				433.245, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.225 - Director" defined

Current through June 11, 2024
"Director" means:
1.
			 The medical director of a division facility; or
2. The person in charge of the provision of
			 care to patients at any other public or private mental health
			 facility.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.235 - Practitioner" defined

Current through June 11, 2024
"Practitioner" means a physician, physician assistant or
				advanced practice registered nurse.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.238 - Public or private mental health facility" defined

Current through June 11, 2024
"Public or private mental health facility" means:
1. A community triage center, as defined in
			 NRS
			 449.0031;
2. A psychiatric hospital, as defined in
			 NRS
			 449.0165, including, without limitation, a
			 psychiatric hospital endorsed as a crisis stabilization center pursuant to
			 NRS
			 449.0915; or
3. Any other facility for the diagnosis, care
			 and treatment of mental illness which provides 24-hour care.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.245 - Working hours" defined

Current through June 11, 2024
"Working hours" means hours of operation during the week and
				excludes any hours on Saturday, Sunday or a holiday.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.250 - Applicability

Current through June 11, 2024
The provisions of NAC
				433.220 to
				433.285, inclusive, do not apply
				to:
1. The use of a chemical
			 restraint, as defined in
			 NRS
			 433.5456; or
2. The involuntary administration of
			 psychotropic medication in an emergency, as defined in
			 NRS
			 433.5466.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.255 - Conditions for administration to patient if facility has not established procedures

Current through June 11, 2024
If a public or private mental health facility has not
				established the procedures set forth in NAC
				433.260 to
				433.285, inclusive, psychotropic
				medication must not be administered to the patient without consent of the
				patient unless:
1. The patient has been
			 admitted to the facility involuntarily by court order pursuant to
			 NRS
			 433A.200 to
			 433A.330, inclusive;
			 and
2. The practitioner who is
			 primarily responsible for treating the patient obtains from the court that
			 ordered the involuntary admission of the patient an order to involuntarily
			 administer the medication to the patient.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.260 - Compliance with procedures before administration to patient

Current through June 11, 2024
Psychotropic medication may only be administered to a patient
				at a public or private mental health facility that has established the
				procedures set forth in NAC
				433.260 to
				433.285, inclusive, without the
				consent of the patient after the procedures have been completed and a decision
				has been made to involuntarily administer the medication pursuant to NAC
				433.285.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.265 - Initiation of procedures to administer to patient; request by practitioner to director of facility

Current through June 11, 2024
To initiate the procedures set forth in sections 9 to 14,
				inclusive, of LCB File No. R012-20, for the involuntary administration of
				psychotropic medication to a patient at a public or private mental health
				facility that has established such procedures, the practitioner who is
				primarily responsible for treating the patient must submit to the director of
				the facility a request to involuntarily administer psychotropic medication to
				the patient. Such a request may be made by the practitioner if:
1. The patient is currently admitted to the
			 public or private mental health facility under an involuntary court-ordered
			 admission pursuant to
			 NRS
			 433A.200, as amended by section 36 of Senate
			 Bill No. 70, Chapter 481, Statutes of Nevada 2021, at page 3086;
2. The practitioner:
(a) Determines that the patient presents a
			 substantial likelihood of serious harm to himself or herself or others, as
			 determined pursuant to
			 NRS
			 433A.0195, or is at serious risk of incurring
			 serious injury or illness resulting from complete neglect of his or her basic
			 need for food, clothing, shelter or personal safety without the administration
			 of the medication; and
(b) Explains
			 to the patient the nature of the condition for which the psychotropic
			 medication is necessary, the basis for the diagnosis of the condition, the
			 benefits and risks of using the medication including, without limitation,
			 possible side effects from use, any alternative treatment and the potential
			 outcome if the condition remains untreated;
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.270 - Request from practitioner to administer to patient: Director of facility required to appoint committee to hold hearing and advisor to assist patient; hearing by committee

Current through June 11, 2024
1. Upon receiving a
			 request from a practitioner pursuant to NAC
			 433.265 to involuntarily
			 administer psychotropic medication to a patient, the director of a public or
			 private mental health facility or his or her designee shall:
(a) Appoint a committee consisting of three
			 members, at least two of whom are professionally knowledgeable in the field of
			 psychiatric mental health and at least one of whom is a licensed psychiatrist.
			 A person must not be appointed to serve as a member of the committee if the
			 person is:
(1) Involved in the diagnosis or
			 care of the patient;
(2) The
			 director of the facility; or
(3)
			 Designated by the director to review the decision of the committee pursuant to
			 NAC 433.285.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.275 - Duties of advisor appointed to assist patient

Current through June 11, 2024
An advisor appointed pursuant to NAC
				433.270:
1. Shall meet with the patient before the
			 hearing held pursuant to NAC
			 433.270 to assist the patient in
			 preparing for the hearing.
2. Shall
			 assist the patient to present his or her position concerning the administration
			 of medication to the committee at the hearing.
3. Shall not present his or her personal
			 opinion concerning the appropriateness of the proposed treatment.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R012-20A,
				eff. 8/26/2020
NRS
				433.324
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.280 - Procedures for hearing by committee; recommendation of committee to director of facility

Current through June 11, 2024
1. A patient who is
			 the subject of a hearing held pursuant to section 11 of LCB File No. R012-20
			 must be allowed to be present during the entire hearing. Unless the patient has
			 indicated in writing or through his or her advisor that he or she will not
			 participate in the hearing, the hearing must not begin until the patient is
			 present.
2. At the hearing, the
			 patient must be allowed to:
(a) Cross-examine
			 any person interviewed by the committee; and
(b) Present evidence and witnesses to the
			 committee.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROCEDURES FOR INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION TO PATIENTS AT PUBLIC OR PRIVATE MENTAL HEALTH FACILITIES › Section 433.285 - Review of recommendation of committee by director of facility or designee; limitation on days medication may be administered; procedure to continue administration of medication

Current through June 11, 2024
1. The director of
			 a public or private mental health facility or a psychiatrist designated by the
			 director shall conduct a review of a recommendation to approve or deny a
			 request for the involuntary administration of psychotropic medication made by a
			 committee pursuant to NAC
			 433.280 not later than 24 working
			 hours after receiving the recommendation. In reviewing the recommendation, the
			 director must consider, without limitation, the medical record of the patient
			 and any other document reviewed by the committee. The director may also:
(a) Interview any person whom the director or
			 his or her designee believes may have relevant information; and
(b) Conduct an examination of the
			 patient.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.300 - Definitions

Current through June 11, 2024
As used in sections 2 to 33, inclusive, unless the context
				  otherwise requires, the words and terms defined in sections 3 to 10, inclusive
				  have the meanings ascribed to them in those sections.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.303 - "Certificate" defined

Current through June 11, 2024
"Certificate" has the meaning ascribed to it in section 3 of
				  Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at page
				  ___.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5 and 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017,
				  at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.306 - "Community-based living arrangement services" or "services" defined

Current through June 11, 2024
"Community-based living arrangement services" or "services"
				  has the meaning ascribed to it in section 4 of Assembly Bill No. 46, chapter
				  269, Statutes of Nevada 2017, at page ___.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.309 - "Individual support team" defined

Current through June 11, 2024
"Individual support team" means a team of persons, other than
				  a provider, who provide health care and perform other duties for the benefit of
				  a person with a mental illness.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.312 - "Individualized plan" defined

Current through June 11, 2024
"Individualized plan" means a plan prescribing the services
				  that will be provided to a person with mental illness, the frequency with which
				  the services will be provided and the manner in which those services will be
				  provided.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.