Unless specifically
excluded by law, the provisions of this chapter apply to all facilities
within the Division offering services to mentally retarded persons and
persons with related conditions.
(Added to NRS by 1975, 1625; A 1999, 2594 )
As used in this chapter, unless the
context otherwise requires:
1. “Child” means any person under the age of 18 years who may be
eligible for mental retardation services or services for a related
condition.
2. “Residential facility for groups” means a structure similar to
a private residence which will house a small number of persons in a
homelike atmosphere.
3. “Parent” means the parent of a child. The term does not include
the parent of a person who has attained the age of 18 years.
4. “Person” includes a child and any other mentally retarded
client or client with a related condition who has attained the age of 18
years.
(Added to NRS by 1975, 1617; A 1979, 1325; 1981, 1579; 1985, 1761;
1999, 2594 )
CARE AND EDUCATION OF MENTALLY RETARDED CHILDREN AND CHILDREN WITH
RELATED CONDITIONS BY COUNTY
1. The boards of county commissioners of the various counties
shall make provision for the support, education and care of the mentally
retarded children and children with related conditions 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 )
All mentally retarded
children and children with related conditions 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 )
1. A parent, relative, guardian or nearest friend of any mentally
retarded child or a child with a related condition 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 him 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 mentally retarded child or a
child with a related condition 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 mentally retarded child or child with a
related condition.
[Part 2:77:1929; NCL § 1058] + [Part 3:77:1929; NCL § 1059]—(NRS A
1969, 447; 1975, 1618; 1999, 2595 )
Repealed. (See chapter
1, Statutes of Nevada 2005, 22nd Special Session, at page 63 .)
RESIDENTIAL FACILITIES FOR GROUPS OF MENTALLY RETARDED PERSONS AND
PERSONS WITH RELATED CONDITIONS
The Division may operate a residential facility for groups to
care for and maintain mentally retarded persons and persons with related
conditions until they can live in a more normal situation.
(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761;
1999, 2596 )
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)
1. The Administrator shall adopt regulations for the transfer of
mentally retarded persons and persons with related conditions from one
facility to another facility operated by the Division.
2. Subject to the provisions of subsection 3, when the Associate
Administrator for Mental Retardation determines that it is in the best
interest of the person, he may discharge, or place on convalescent leave,
any mentally retarded person or person with a related condition in a
facility operated by the Division.
3. When a mentally retarded person or person with a related
condition 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
)
1. The Administrator or his designee may receive a mentally
retarded person or person with a related condition of this state for
services in a facility operated by the Division if:
(a) The person is mentally retarded as defined in NRS 433.174
or is a person with a related condition
and is in need of institutional training and treatment;
(b) Space is available which is designed and equipped to provide
appropriate care for the person;
(c) The facility has or can provide an appropriate program of
training and treatment for the person; and
(d) There is written evidence that no less restrictive alternative
is available in his community.
2. A mentally retarded person or person with a related condition
may be accepted at a division facility for emergency evaluation when the
evaluation is requested by a court. A person must not be retained
pursuant to this subsection for more than 10 working days.
3. A court may order that a mentally retarded person or person
with a related condition be admitted to a division facility if it finds
that admission is necessary because of the death or sudden disability of
the parent or guardian of the person. The person must not be retained
pursuant to this subsection for more than 45 days. Before the expiration
of the 45-day period, the Division shall report to the court its
recommendations for placement or treatment of the person. If less
restrictive alternatives are not available, the person may be admitted to
the facility using the procedures for voluntary or involuntary admission,
as appropriate.
4. A child may be received, cared for and examined at a division
facility for the mentally retarded for not more than 10 working days
without admission, if the examination is ordered by a court having
jurisdiction of the minor in accordance with the provisions of NRS
62E.280 and subsection 1 of NRS
432B.560 . At the end of the 10 days,
the Administrator or his designee shall report the result of the
examination to the court and shall detain the child until the further
order of the court, but not to exceed 7 days after the Administrator’s
report.
5. The parent or guardian of a person believed to be mentally
retarded or believed to have a related condition may apply to the
administrative officer of a division facility to have the person
evaluated by personnel of the Division who are experienced in the
diagnosis of mental retardation and related conditions. The
administrative officer may accept the person for evaluation without
admission.
6. If, after the completion of an examination or evaluation
pursuant to subsection 4 or 5, the administrative officer finds that the
person meets the criteria set forth in subsection 1, the person may be
admitted to the facility using the procedures for voluntary or
involuntary admission, as appropriate.
7. If, at any time, the parent or guardian of a person admitted to
a division facility on a voluntary basis, or the person himself if he has
attained the age of 18 years, requests in writing that the person be
discharged, the administrative officer shall discharge the person. If the
administrative officer finds that discharge from the facility is not in
the person’s best interests, he may initiate proceedings for involuntary
admission, but the person must be discharged pending those proceedings.
(Added to NRS by 1971, 1489; A 1973, 115, 1236; 1975, 1620; 1977,
477; 1981, 1579; 1985, 1402; 1989, 397; 1991, 203, 2186; 1993, 2034;
1999, 2596 ; 2003, 1149 )
The
administrative officer of a division facility may authorize the transfer
of a mentally retarded person or person with a related condition to a
general 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 judicially committed mentally retarded person
or person with a related condition, the expenses must be paid by his
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 mentally
retarded person or person with a related condition;
2. In the case of a mentally retarded person or person with a
related condition 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 mentally retarded person or person with a
related condition 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 )
1. When any mentally retarded child or child with a related
condition 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
)
1. When any mentally retarded person or person with a related
condition 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
)
1. When any mentally retarded child or child with a related
condition 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
)
The Administrator shall
establish a fee schedule, in consultation with the State Association for
Retarded Citizens and subject to the approval of the Board and the
Director of the Department, for services rendered to the mentally
retarded and to persons with related conditions by the Division.
(Added to NRS by 1971, 1489; A 1973, 1406; 1975, 1622; 1981, 275;
1999, 2599 )
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 mental retardation 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)
MENTAL RETARDATION CENTERS
1. There are two types of admissions of mentally retarded persons
or persons with related conditions to a mental retardation center:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a mentally retarded person or
person with a related condition to a mental retardation 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 )
1. Any mentally retarded person or person with a related condition
may apply to any mental retardation center for admission as a voluntary
client. His parent or guardian or another responsible person may submit
the application on his 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 )
Whenever
a person is alleged to be mentally retarded or to have a related
condition and is alleged to be a clear and present danger to himself or
others, his parent or guardian or another responsible person may initiate
proceedings for his involuntary admission to a mental retardation 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 mental
retardation and related conditions stating that he has examined the
person within the preceding 30 days and has concluded that the person is
mentally retarded or is a person with a related condition, has
demonstrated that he is a clear and present danger to himself or others
and is in need of institutional training and treatment.
(Added to NRS by 1981, 1577; A 1989, 1552; 1999, 2599 )
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 mental retardation 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.
Ê 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, his attorney,
if known, the petitioner and the administrative officer of the mental
retardation center to which it is proposed that the person be admitted.
(Added to NRS by 1981, 1577)
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 mental retardation
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 mental retardation
and related conditions. The examination or evaluation must indicate
whether the person is or is not mentally retarded or a person with a
related condition and whether he is or is not in need of institutional
training and treatment.
2. The court may allow the person alleged to be mentally retarded
or to have a related condition to remain at his 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 him to the place of examination.
(Added to NRS by 1981, 1578; A 1989, 1552; 1999, 2600 )
1. The person alleged to be mentally retarded or to have a related
condition, or any relative or friend acting on his behalf, is entitled to
retain counsel to represent him in any proceeding before the district
court relating to his involuntary admission to a mental retardation
center.
2. If counsel has not been retained, the court, before proceeding,
shall advise the person and his 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 him. 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 services. The compensation must be
charged against the property of the person for whom he was appointed. If
the person is indigent, the compensation must be charged against the
county in which the person alleged to be mentally retarded or to have a
related condition last resided.
(Added to NRS by 1981, 1578; A 1999, 2600 )
In proceedings for involuntary
admission of a person to a mental retardation 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 is unable to be present.
3. The person may obtain independent evaluation and expert opinion
at his own expense, and may summon other witnesses.
(Added to NRS by 1981, 1578; A 1989, 1553)
1. Upon completion of the proceedings for involuntary admission of
a person to a mental retardation center, if the court finds:
(a) That the person is mentally retarded or has a related
condition, has demonstrated that he is a clear and present danger to
himself or others and is in need of institutional training and treatment;
(b) That appropriate space and programs are available at the mental
retardation center to which it is proposed that the person be admitted;
and
(c) That there is no less restrictive alternative to admission to a
mental retardation center which would be consistent with the best
interests of the person,
Ê the court shall by written order certify that the person is eligible
for involuntary admission to a mental retardation center.
2. A certificate of eligibility for involuntary admission expires
12 months after the date of issuance if the client 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 mental retardation 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 )
1. If the administrative officer of a mental retardation center
finds that a client is no longer in need of the services offered at the
center, he shall discharge that client.
2. A written notice of the discharge must be given to the client
and his representatives at least 10 days before the discharge.
3. If the client 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)
COMMUNITY CENTERS FOR TRAINING RETARDED PERSONS AND PERSONS WITH RELATED
CONDITIONS
The intent of the
Legislature in the enactment of NRS 435.130 to 435.320 ,
inclusive, is to aid mentally or functionally retarded persons and
persons with related conditions who are not served by existing programs
to receive high quality care and training in an effort to help them
become useful citizens.
(Added to NRS by 1969, 1008; A 1975, 1622; 1999, 2601 )
As used in NRS 435.130 to 435.320 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 435.170 , 435.180 and 435.190
have the meanings ascribed to them in such sections.
(Added to NRS by 1969, 1008; A 1975, 1622)
“Center” means a community-based
training center for the care and training of mentally and functionally
retarded persons.
(Added to NRS by 1969, 1008)
“Enrollee” means any person
enrolled in a center for care and training because of mental or
functional retardation or a related condition.
(Added to NRS by 1969, 1008; A 1999, 2601 )
“Functionally
retarded” refers to a person who functions on a level equivalent to that
of a mentally retarded person.
(Added to NRS by 1969, 1008)
The Division may
establish all rules, regulations and standards not inconsistent with the
provisions of NRS 435.130 to 435.320
, inclusive, which it deems necessary in
order to carry out the purposes of such sections and to set qualification
standards for centers to receive the aid provided for by such sections.
(Added to NRS by 1969, 1008; A 1971, 678)
To qualify for the aid
provided for by NRS 435.130 to 435.320
, inclusive, a center must:
1. File an application with the Division for a certificate of
qualification, which must include:
(a) The name and address of the center.
(b) The names, addresses and qualifications of the administrative
personnel of the center.
(c) An outline of the educational, occupational and therapeutic
program to be offered.
(d) The number of persons enrolled or expected.
(e) An affidavit that the center is nonsectarian and a nonprofit
organization under the Internal Revenue Code of 1954 as amended, 26
U.S.C. § 501(c)(3).
(f) The number and qualifications of the staff.
(g) A complete and detailed proposed financial statement for the
operations for the coming year.
(h) Any other information which the Division may require.
2. Each year after the original application is made under
subsection 1, file an application for renewal of the certificate of
qualification, which must contain:
(a) The information required by subsection 1.
(b) The total number of members of the staff, persons enrolled, and
days of care and training that the center provided during the previous
year.
(c) The number enrolled and days of care and training that the
center provided during the previous year to those enrolled who qualify
for aid under the terms of NRS 435.130
to 435.320 , inclusive, and the
standards established by the Division.
(d) A financial statement clearly showing all income received by
the center during the previous year and the sources thereof.
(e) Any other information that the Division may require.
3. Be inspected by a member or authorized agent of the Division to
determine whether the center’s facilities are proper and adequate.
4. Keep accurate records of daily attendance and establish uniform
financial statements and bookkeeping procedures as prescribed by the
Division.
5. Maintain standards not inconsistent with those required by NRS
435.130 to 435.320 , inclusive, or established by the Division to
qualify for money from other sources, such as United Fund and United
States Government programs.
6. Before certifying an applicant for enrollment as mentally
retarded or a person with a related condition, require:
(a) A documentary history of retarded overall functioning or the
related condition; and
(b) Substantiation, through evaluation by a qualified diagnostic
team.
7. Meet all other standards set by the Division.
(Added to NRS by 1969, 1008; A 1971, 678; 1975, 1622; 1979, 1325;
1985, 816; 1999, 2601 )
1. All applications for a certificate of qualification which have
been approved by the Administrator must be reviewed by the Commission for
approval or rejection.
2. If an application is rejected by the Administrator, he shall
notify the applicant in writing of the rejection, setting out the reasons
therefor.
3. Within 30 days after the Administrator mails the notice of
rejection of the application, the applicant may appeal the rejection to
the Commission. The Commission shall review the application and the
reasons for its denial and may receive evidence, documentary or
testimonial, to aid it in its decision. Thereafter, the Commission shall
issue its decision rejecting the application or remanding the application
to the Administrator for approval. The decision of the Commission is
final.
4. No new applicants may be certified if the certification brings
the average support per enrollee below the amount specified in the budget
for the community training center account as approved by the most recent
session of the Legislature for those centers that are already certified.
(Added to NRS by 1969, 1009; A 1971, 679; 1975, 1623; 1979, 1326;
1981, 1748; 1983, 396; 1985, 2272)
1. After approval of the application, the Division shall issue a
certificate of qualification to centers which meet the requirements of
NRS 435.130 to 435.320 , inclusive, and the standards set by the
Division.
2. The Division may revoke the certificate of qualification of a
center at any time when it fails to meet the requirements of NRS 435.130
to 435.320 , inclusive, or the standards set by the
Division.
3. An appeal may be taken from any such revocation in the same
manner as appeals are taken from a rejection of an application under NRS
435.240 . The decision of the Commission
is final as to such appeals.
(Added to NRS by 1969, 1010; A 1971, 680; 1985, 2272)
Money for the purpose of aiding training centers in the
community which have received certificates of qualification from the
Division must be provided by legislative appropriation. The Division is
authorized to make grants from the appropriation to aid qualifying
centers if the Commission also approves the grants.
(Added to NRS by 1969, 1010; A 1971, 680; 1981, 263; 1985, 2273)
1. All gifts or grants of money which the Division is authorized
to accept must be spent in accordance with the provisions of the gift or
grant. In the absence of such provisions, the Division must spend the
money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury in a
separate account in the Department of Health and Human Services’ Gift
Fund.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1969, 1010; A 1971, 680; 1979, 623; 1981, 78)
1. Each qualifying center may accept gifts, bequests, grants or
any other outside source of income directly for the purpose of carrying
out its functions.
2. All such money received must be spent in accordance with the
provisions of the gift, bequest or grant. In the absence of such
provisions, the center may spend the money at its discretion.
3. All such money must be kept in a separate account.
4. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1969, 1010; A 1981, 78; 1983, 396)
1. A center holding a certificate of qualification from the
Division is entitled to aid from the Community Training Center Account in
the amount, within the limits of legislative appropriations, specified in
the budget for the community training center account as approved by the
most recent session of the Legislature:
(a) Per enrollee;
(b) For centers entitled to the minimal allotment, if the center
maintains five or more enrollees and its staff and operating expenses are
equal to or greater than the amount allocated; or
(c) For centers entitled to the minimal allotment on a pro rata
basis per enrollee, if the center maintains four or fewer enrollees and
its staff and operating expenses are equal to or greater than the amount
allocated,
Ê whichever is greater.
2. The Division, upon approval of the Commission, may grant aid
from the Community Training Center Account to help in establishing new
centers. This aid in the aggregate must not exceed one-fourth of the
money available in the Account for the year in which it is given.
(Added to NRS by 1969, 1010; A 1971, 680; 1975, 168; 1977, 397;
1979, 1327; 1981, 1748; 1983, 397; 1985, 2273; 1995, 431)
1. No center may receive aid under the provisions of NRS 435.130
to 435.320 , inclusive, for persons enrolled who would
otherwise qualify for care or training under a program offered to the
mentally or functionally retarded in the school district in which that
person lives or by the county where he lives.
2. The provisions of subsection 1 do not preclude aid on account
of persons who are receiving career and technical education at any center
in conjunction with a school’s program of special education.
(Added to NRS by 1969, 1010; A 1985, 817; 2005, 1052 )
Centers with a certificate of qualification
may enter into contracts with authorized county and school officials to
give care and training to enrollees who would also qualify for care or
training programs offered by the public schools or by county welfare
programs.
(Added to NRS by 1969, 1011)
Any person who knowingly
files a false report, statement or application with the Division is
guilty of a misdemeanor.
(Added to NRS by 1969, 1011; A 1971, 681)
SUPPORTED LIVING ARRANGEMENT SERVICES
As used in NRS 435.3305 to 435.339 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 435.331 and 435.3315
have the meanings ascribed to them in
those sections.
(Added to NRS by 2005, 1376 )
“Certificate” means a
certificate to provide supported living arrangement services that is
issued pursuant to NRS 435.3305 to
435.339 , inclusive, and the regulations
adopted pursuant to NRS 435.3305 to
435.339 , inclusive.
(Added to NRS by 2005, 1376 )
“Supported living arrangement services” means flexible, individualized
services provided in the home, for compensation, to a mentally retarded
person or a person with a related condition who is served by the Division
that are designed and coordinated to assist the person in maximizing his
independence, including, without limitation, training and habilitation
services.
(Added to NRS by 2005, 1377 )
1. No partnership, firm, corporation, association, state or local
government or agency thereof may provide supported living arrangement
services in this State without first obtaining a certificate from the
Division.
2. No natural person other than a person who is employed by an
entity listed in subsection 1 may provide supported living arrangement
services in this State without first obtaining a certificate from the
Division.
(Added to NRS by 2005, 1377 )
1. The Division shall adopt regulations governing supported living
arrangement services, including, without limitation, regulations that set
forth:
(a) Standards for the provision of quality care by providers of
supported living arrangement services;
(b) The requirements for the issuance and renewal of a certificate
to provide supported living arrangement services; and
(c) The rights of consumers of supported living arrangement
services, including, without limitation, the right of a consumer to file
a complaint and the procedure for filing such a complaint.
2. The Division may enter into such agreements with public and
private agencies as it deems necessary for the provision of supported
living arrangement services.
3. For each regulation adopted pursuant to NRS 435.3305 to 435.339 ,
inclusive, and submitted to the Legislative Counsel pursuant to NRS
233B.067 for review by the
Legislative Commission, the Division shall set forth in the informational
statement prepared pursuant to NRS 233B.066 that accompanies the regulation any
supported living arrangement services that the regulation authorizes
persons to provide pursuant to NRS 632.340 when the persons would otherwise be prohibited
from providing such services pursuant to NRS 632.315 .
(Added to NRS by 2005, 1377 )
1. The Division may, by regulation, prescribe a fee for:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
2. A fee prescribed pursuant to subsection 1 must be calculated to
produce the revenue estimated to cover the costs related to the
certifications and renewals, but in no case may a fee for a certificate
or renewal of a certificate exceed the actual cost to the Division of
issuing or renewing the certificate, as applicable.
(Added to NRS by 2005, 1377 )
The Division may:
1. Upon receipt of an application for a certificate, conduct an
investigation into the qualifications of personnel, methods of operation,
policies and purposes of any natural person, partnership, firm,
corporation, association, state or local government or agency thereof
proposing to provide supported living arrangement services;
2. Upon receipt of a complaint against a natural person,
partnership, firm, corporation, association, state or local government or
agency thereof providing supported living arrangement services, except
for a complaint concerning the cost of services, conduct an investigation
into the qualifications of personnel, methods of operation, policies,
procedures and records of the provider of services; and
3. Employ such professional, technical and clerical assistance as
it deems necessary to carry out the provisions of NRS 435.3305 to 435.339 ,
inclusive.
(Added to NRS by 2005, 1377 )
1. The Division may bring an action in the name of the State to
enjoin any natural person, partnership, firm, corporation, association,
state or local government or agency thereof from providing supported
living arrangement services:
(a) Without first obtaining a certificate from the Division; or
(b) After his or its certificate has been revoked or suspended by
the Division.
2. It is sufficient in such an action to allege that the defendant
did, on a certain date and in a certain place, provide supported living
arrangement services without a certificate.
(Added to NRS by 2005, 1378 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
certificate must submit to the Division the statement prescribed by the
Division of Welfare and Supportive Services of the Department pursuant to
NRS 425.520 . The statement must be
completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate may not be issued or renewed by the Division if
the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 2005, 1378 )
[Expires by limitation on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.] The application of a natural person who applies
for the issuance of a certificate must include the social security number
of the applicant.
(Added to NRS by 2005, 1378 )
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a natural person who is the
holder of a certificate, the Division shall deem the certificate issued
to that person to be suspended at the end of the 30th day after the date
the court order was issued unless the Division receives a letter issued
to the holder of the certificate by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the certificate has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate a certificate that has been
suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose certificate was
suspended stating that the person whose certificate was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 2005, 1378 )
MISCELLANEOUS PROVISIONS
Neither
voluntary admission nor judicial commitment nor any other procedure
provided in this chapter may be construed as depriving a mentally
retarded person or person with a related condition of his full civil and
legal rights by any method other than a separate judicial proceeding
resulting in a determination of incompetency wherein the civil and legal
rights forfeited and the legal disabilities imposed are specifically
stated.
(Added to NRS by 1975, 1617; A 1999, 2602 )
1. Each mentally retarded person or person with a related
condition admitted to a division facility is entitled to all rights
enumerated in NRS 433.482 , 433.484
and 433.545 to 433.551 ,
inclusive.
2. The Administrator shall designate a person or persons to be
responsible for establishment of regulations relating to denial of rights
of mentally retarded persons and persons with related conditions. The
person designated shall file the regulations with the Administrator.
3. Clients’ rights specified in NRS 433.482 and 433.484
may be denied only for cause. Any denial of such rights must be entered
in the client’s treatment record, and notice of the denial must be
forwarded to the Administrator’s designee or designees as provided in
subsection 2. Failure to report denial of rights by an employee may be
grounds for dismissal.
4. Upon receipt of notice of a denial of rights as provided in
subsection 3, the Administrator’s designee or designees shall cause a
full report to be prepared which sets forth in detail the factual
circumstances surrounding the denial. A copy of the report must be sent
to the Administrator and the Commission.
5. The Commission has such powers and duties with respect to
reports of denial of rights as are enumerated in subsection 3 of NRS
433.534 .
(Added to NRS by 1975, 1624; A 1981, 895; 1985, 2273; 1999, 2602
, 3236 )
1. The relatives of a mentally retarded client or client with a
related condition who is 18 years of age or older are not responsible for
the costs of his care and treatment within a division facility.
2. The client or his estate, when able, may be required to
contribute a reasonable amount toward the costs of his care and
treatment. Otherwise, the full costs of the services must be borne by the
State.
(Added to NRS by 1975, 1624; A 1977, 103; 1981, 1580; 1999, 2602
)
1. Whenever a person with mental retardation or a related
condition is cared for by a parent or other relative with whom he lives,
that parent or relative is eligible to receive assistance on a monthly
basis from the Division for each such person who lives and is cared for
in the home if the Division finds that:
(a) The person with mental retardation or a related condition has
been diagnosed as having profound or severe mental retardation or, if he
is under 6 years of age, has developmental delays that require support
that is equivalent to the support required by a person with profound or
severe mental retardation or a related condition;
(b) The person with mental retardation or a related condition is
receiving adequate care; and
(c) The person with mental retardation or a related condition and
the parent or other relative with whom he lives is not reasonably able to
pay for his care and support.
Ê The amount of the assistance must be established by legislative
appropriation for each fiscal year.
2. The Division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to
subsection 1; and
(c) For determining the amount of assistance to be provided to an
eligible applicant.
3. The decision of the Division regarding eligibility for
assistance or the amount of assistance to be provided is a final
administrative decision.
(Added to NRS by 1981, 856; A 1985, 289; 1997, 842; 1999, 2603
)
The Division may make such rules and regulations and enter
such agreements with public and private agencies as are deemed necessary
to implement residential placement-foster family care programs for
mentally retarded persons and persons with related conditions.
(Added to NRS by 1975, 1624; A 1999, 2603 )
1. All gifts or grants of money which the Division is authorized
to accept must be spent in accordance with the provisions of the gift or
grant. In the absence of those provisions, the Division must spend the
money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury to the
credit of the Mental Retardation Gift Account in the Department of Health
and Human Services’ Gift Fund.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1975, 1624; A 1979, 623; 1981, 79)
1. The administrative officer of any division facility where
mentally retarded persons or persons with related conditions reside may
establish a canteen operated for the benefit of clients and employees of
the facility. The administrative officer shall keep a record of
transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the
state may be used for its operation.
3. The respective administrative officers shall deposit the money
used for the operation of the canteen in one or more banks or credit
unions of reputable standing, except that an appropriate sum may be
maintained as petty cash at each canteen.
(Added to NRS by 1979, 146; A 1999, 1498 , 2603 ; 2001, 91 )
|
