USA Statutes : nevada
Title : Title 39 - MENTAL HEALTH
Chapter : CHAPTER 433B - ADDITIONAL PROVISIONS RELATING TO CHILDREN
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 433B.020
to 433B.100 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 2708)
“Administrative
officer” means a person with overall executive and administrative
responsibility for those state or nonstate facilities for the mental
health of children designated by the Administrator.
(Added to NRS by 1993, 2708)
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1993, 2708)
“Child” means a person less than 18
years of age or, if in school, until graduation from high school.
(Added to NRS by 1993, 2708)
“Client” means a child who seeks,
on his own or another’s initiative, and can benefit from care and
treatment provided by the Division.
(Added to NRS by 1993, 2708)
“Division” means the Division of
Child and Family Services.
(Added to NRS by 1993, 2708)
“Division facility”
means any unit or subunit operated by the Division for the care and
treatment of clients.
(Added to NRS by 1993, 2708)
“Emotionally
disturbed child” means a child whose progressive development of
personality is interfered with or arrested by mental disorder so that he
shows impairment in the capacity expected of him for his age and
endowment for:
1. A reasonably accurate perception of the world around him;
2. Control of his impulses;
3. Satisfying and satisfactory relationships with others;
4. Learning; or
5. Any combination of these factors.
(Added to NRS by 1993, 2708)
“Person professionally qualified in
the field of psychiatric mental health” means:
1. A psychiatrist licensed to practice medicine in this State and
certified by the American Board of Psychiatry and Neurology;
2. A psychologist licensed to practice in this State;
3. A social worker who holds a master’s degree in social work, is
licensed by the State as a clinical social worker and is employed by the
Division;
4. A registered nurse who:
(a) Is licensed to practice professional nursing in this State;
(b) Holds a master’s degree in the field of psychiatric nursing; and
(c) Is employed by the Division or the Division of Mental Health
and Developmental Services of the Department; or
5. A marriage and family therapist licensed pursuant to chapter
641A of NRS.
(Added to NRS by 1993, 2709; A 1999, 102 )
“Treatment” means any
combination of procedures or activities for the mental health of
children, of whatever level of intensity and whatever duration, ranging
from occasional counseling sessions to full-time admission to a
residential facility.
(Added to NRS by 1993, 2709)
1. The division facilities providing services for the mental
health of children are designated as:
(a) The Nevada Youth Hospital;
(b) The Adolescent Treatment Center;
(c) Northern Nevada Children’s Behavioral Services; and
(d) Southern Nevada Children’s Behavioral Services.
2. Division facilities established after July 1, 1993, must be
named by the Administrator, subject to the approval of the Director of
the Department.
(Added to NRS by 1993, 2709; A 2001, 1116 )
The
provisions of this chapter pertaining to division facilities must be
administered by the respective administrative officers of the division
facilities, subject to administrative supervision by the Administrator.
(Added to NRS by 1993, 2709)
1. The Administrator shall:
(a) Administer, in accordance with the policies established by the
Commission, the programs of the Division for the mental health of
children.
(b) Appoint the administrative personnel necessary to operate the
programs of the Division for the mental health of children. The
Commission must approve the credentials, training and experience of
deputy administrators and administrative officers appointed for this
purpose.
(c) Delegate to the administrative officers the power to appoint
medical, technical, clerical and operational staff necessary for the
operation of any division facilities.
2. If the Administrator finds that it is necessary or desirable
that any employee reside at a facility operated by the Division or
receive meals at such a facility, perquisites granted or charges for
services rendered to that person are at the discretion of the Governor.
3. The Administrator may accept children referred to the Division
for treatment pursuant to the provisions of NRS 458.290 to 458.350 ,
inclusive.
4. The Administrator may enter into agreements with the
Administrator of the Division of Mental Health and Developmental Services
of the Department for the care and treatment of clients of the Division
of Child and Family Services at any facility operated by the Division of
Mental Health and Developmental Services.
(Added to NRS by 1993, 2709; A 1999, 103 )
The Administrator shall:
1. Comply with any agreements made by the Administrator of the
Division of Mental Health and Developmental Services of the Department
pursuant to NRS 433.444 ; and
2. Accept for admission to a division facility any resident child
of this State for whom written permission for return and admission to a
division facility was given by the Administrator of the Division of
Mental Health and Developmental Services of the Department pursuant to
NRS 433.444 .
(Added to NRS by 1993, 2712; A 1999, 103 )
1. The Division shall employ such physicians within the various
division facilities as are necessary for the operation of the facilities.
The physicians must hold degrees of doctor of medicine from accredited
medical schools and be licensed to practice medicine in Nevada.
2. Except as otherwise provided by law, the only compensation
allowed such a physician is an annual salary, fixed in accordance with
the pay plan adopted pursuant to the provisions of NRS 284.175 .
3. The physicians shall perform such duties pertaining to the care
and treatment of clients as may be required.
(Added to NRS by 1993, 2710)
1. A person employed by the Division as a psychiatrist,
psychologist, marriage and family therapist, registered nurse or social
worker must be licensed or certified by the appropriate state licensing
board for his respective profession.
2. Any psychiatrist who is employed by the Division must be
certified by the American Board of Psychiatry and Neurology within 5
years after his first date of employment with the Division. The
Administrator shall terminate the employment of any psychiatrist who
fails to receive that certification.
(Added to NRS by 1993, 2710)
The Administrator shall not employ any psychiatrist,
psychologist, social worker, registered nurse or marriage and family
therapist who is unable to demonstrate proficiency in the oral and
written expression of the English language.
(Added to NRS by 1993, 2710)
An administrative
officer, with the approval of the Administrator, may designate an
employee to act as his deputy. In case of the absence or inability of the
administrative officer for any cause to discharge the duties of his
office, those duties devolve upon his deputy.
(Added to NRS by 1993, 2710)
1. The Division shall adopt regulations to:
(a) Provide for a more detailed definition of abuse of a client,
consistent with the general definition given in NRS 433B.340 ;
(b) Provide for a more detailed definition of neglect of a client,
consistent with the general definition given in NRS 433B.340 ; and
(c) Establish policies and procedures for reporting the abuse or
neglect of a client.
2. The regulations adopted pursuant to this section must, to the
extent possible and appropriate, be consistent with the regulations
adopted by the Division of Mental Health and Developmental Services of
the Department pursuant to NRS 433.331 .
(Added to NRS by 1993, 2710; A 1999, 103 )
1. If a client in a division facility is transferred to another
division facility or to a medical facility, a facility for the dependent
or a physician licensed to practice medicine, the division facility shall
forward a copy of the medical records of the client, on or before the
date the client is transferred, to the facility or physician. Except as
otherwise required by 42 U.S.C. §§ 290dd-3 and 290ee-3, the division
facility is not required to obtain the oral or written consent of the
client to forward a copy of the medical records.
2. As used in this section, “medical records” includes a medical
history of the client, a summary of the current physical condition of the
client and a discharge summary which contains the information necessary
for the proper treatment of the client.
(Added to NRS by 1993, 2710; A 1995, 721)
The
Division may:
1. By contract with general hospitals or other institutions having
adequate facilities in this state, provide for inpatient care of mentally
ill clients.
2. Contract with appropriate persons professionally qualified in
the field of psychiatric mental health to provide inpatient and
outpatient care for mentally ill children when it appears that they can
be treated best in that manner.
(Added to NRS by 1993, 2711)
For the purposes of this chapter, the Department through the
Division may cooperate, financially or otherwise, and execute contracts
or agreements with the Federal Government, any federal department or
agency, any other state department or agency, a county, a city, a public
district or any political subdivision of this state, a public or private
corporation, an individual or a group of individuals. Such a contract or
agreement may include provisions whereby the Division will render
services, the payment for which will be reimbursed directly to the
Division’s budget. Cooperation pursuant to this section does not of
itself relieve any person, department, agency or political subdivision of
any responsibility or liability existing under any provision of law.
(Added to NRS by 1993, 2711)
The State is not responsible
for payment of the costs of care and treatment of children admitted to a
facility not operated by the Division except as otherwise provided in NRS
433.374 or where, before admission, the
Administrator or his designee authorizes the expenditure of state money
for that purpose.
(Added to NRS by 1993, 2711)
Money
to carry out the provisions of this chapter must be provided by
legislative appropriation from the State General Fund, and paid out on
claims as other claims against the State are paid. All claims relating to
a division facility individually must be approved by the administrative
officer of the facility before they are paid.
(Added to NRS by 1993, 2711)
1. The Division shall establish a fee schedule for services
rendered through any program supported by the State pursuant to the
provisions of this chapter. The schedule must be submitted to the
Commission and the Director of the Department for joint approval before
enforcement. The fees collected by facilities operated by the Division
pursuant to this schedule must be deposited in the State Treasury to the
credit of the State General Fund, except as otherwise provided in NRS
433B.220 for fees collected pursuant
to contract or agreement.
2. For a facility providing services for the treatment of mentally
ill children, the fee established must approximate the cost of providing
the service, but if a client, or the parent or legal guardian of the
client, is unable to pay in full the fee established pursuant to this
section, the Division may collect any amount the client, parent or legal
guardian is able to pay.
(Added to NRS by 1993, 2711)
1. Physicians and other professional staff employed within any
division facility must receive a reasonable fee for evaluations,
examinations or court testimony when directed by the court to perform
those services, singularly or as a member of an evaluation team
established pursuant to chapter 433A of NRS.
2. If the evaluation or testimony is provided while the physician
or other professional person is acting as an employee of a division
facility, the fee must be received by the division facility at which he
is employed.
(Added to NRS by 1993, 2711)
A revolving account of not more
than $5,000 is hereby created for each division facility. Money in the
respective revolving accounts may be expended only for the payment of
bills of the respective division facilities requiring immediate payment.
The respective administrative officers shall deposit the money for the
respective revolving accounts in one or more banks or credit unions of
reputable standing. Payments made from each account must be promptly
reimbursed from appropriated money of the respective division facilities
on claims as other claims against the State are paid.
(Added to NRS by 1993, 2712; A 1999, 1497 )
1. Upon the death of a client in a division facility, any known
relatives or friends of the client must be notified immediately of the
fact of death.
2. The Administrator or his designee shall cause a decent burial
to be provided for the client outside the grounds of a division facility.
The Administrator or his designee may enter into a contract with any
person or persons, including governmental agencies or other
instrumentalities, as he deems proper, for a decent burial. Where there
are known relatives, and they are financially able, the cost of burial
must be borne by the relatives. Where there are no known relatives, the
cost of burial is a charge against the State of Nevada, except that the
cost must not exceed the amount charged for the burial of indigents in
the county in which the burial takes place.
(Added to NRS by 1993, 2712)
1. The Division may:
(a) Provide treatment for emotionally disturbed children at any
division facility.
(b) Operate treatment facilities specifically for the purpose of
providing treatment for emotionally disturbed children.
2. Each administrative officer of a treatment facility, subject to
the approval of the Administrator, shall establish regulations for the
operation of the facility and coordinate the activities of the facility
with those of public and private children’s service agencies in the State.
(Added to NRS by 1993, 2712)
The treatment provided an emotionally disturbed
child must be designed to facilitate the adjustment and effective
functioning of that child in his present or anticipated situation in
life, and includes:
1. Services provided without admission to a facility, such as:
(a) Counseling for the family;
(b) Therapy in a group for parents and children;
(c) Classes for parents in effective techniques for the management
of children;
(d) Individual therapy for children; and
(e) Evaluation of the child, including personal assessments and
studies of individual social environments;
2. Services for the care of children during the day, involving
educational programs and therapy programs provided after school or for
half a day;
3. Placement in transitional homes operated by professionally
trained parents working in close consultation with the administrative
officer and his staff; and
4. Short-term residential services providing 24-hour supervision,
evaluation and planning and intensive counseling for the family, therapy
and educational evaluation and consultation.
(Added to NRS by 1993, 2712)
The Administrator may receive any emotionally
disturbed child for treatment in a treatment facility or any other
division facility if the child is a resident of this state and if:
1. The child is committed by court order to the custody of the
Administrator or to a division facility; or
2. The child’s parent, parents or legal guardian makes application
for treatment for the child.
(Added to NRS by 1993, 2713)
1. In any case involving commitment by court order, admission to a
treatment facility may be only after consultation with and approval by
the administrative officer of the facility or his designee, who shall
determine whether the treatment available at the facility is appropriate
or necessary for the child’s health and welfare.
2. A child committed by court order must not be released from a
treatment facility until the administrative officer determines that
treatment in the facility is no longer beneficial to the child.
(Added to NRS by 1993, 2713)
In any case involving an
application from the child’s parent, parents or legal guardian, the child
must first be examined and evaluated by the administrative officer or his
staff and admitted to a treatment facility only if, in the judgment of
the administrative officer:
1. The child can benefit from the program of treatment; and
2. Facilities and staff are available and adequate to meet the
child’s needs.
(Added to NRS by 1993, 2713)
1. A mental health consortium is hereby established in each of the
following jurisdictions:
(a) A county whose population is 100,000 or more; and
(b) The region consisting of all counties whose population are less
than 100,000.
2. In a county whose population is 100,000 or more, such a
consortium must consist of at least the following persons appointed by
the Administrator:
(a) A representative of the Division;
(b) A representative of the agency which provides child welfare
services;
(c) A representative of the Division of Health Care Financing and
Policy of the Department;
(d) A representative of the board of trustees of the school
district in the county;
(e) A representative of the local juvenile probation department;
(f) A representative of the local chamber of commerce or business
community;
(g) A private provider of mental health care;
(h) A provider of foster care; and
(i) A parent of an emotionally disturbed child.
3. In the region consisting of counties whose population are less
than 100,000, such a consortium must consist of at least the following
persons appointed by the Administrator:
(a) A representative of the Division of Mental Health and
Developmental Services of the Department;
(b) A representative of the agency which provides child welfare
services in the region;
(c) A representative of the Division of Health Care Financing and
Policy of the Department;
(d) A representative of the boards of trustees of the school
districts in the region;
(e) A representative of the local juvenile probation departments;
(f) A representative of the chambers of commerce or business
community in the region;
(g) A private provider of mental health care;
(h) A provider of foster care; and
(i) A parent of an emotionally disturbed child.
(Added to NRS by 2001 Special Session, 52 )
1. On or before July 1 of each year, each mental health consortium
established pursuant to NRS 433B.333
shall prepare a recommended plan for the provision of mental health
services to emotionally disturbed children in the jurisdiction of the
consortium.
2. In preparing the recommended plan, each mental health
consortium must be guided by the following principles:
(a) The system of mental health services set forth in the plan
should be centered on emotionally disturbed children and their families,
with the needs and strengths of those children and their families
dictating the types and mix of services provided.
(b) The families of emotionally disturbed children, including,
without limitation, foster parents, should be active participants in all
aspects of planning, selecting and delivering mental health services at
the local level.
(c) The system of mental health services should be community-based
and flexible, with accountability and the focus of the services at the
local level.
(d) The system of mental health services should provide timely
access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health
services should be identified as early as possible through screening,
assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available
in the least restrictive but clinically appropriate environment.
(g) The family of an emotionally disturbed child should be eligible
to receive mental health services from the system.
(h) Mental health services should be provided to emotionally
disturbed children in a sensitive manner that is responsive to cultural
and gender-based differences and the special needs of the children.
3. The plan prepared pursuant to this section must include:
(a) An assessment of the need for mental health services in the
jurisdiction of the consortium;
(b) A description of the types of services to be offered to
emotionally disturbed children based on the amount of money available to
pay the costs of such mental health services within the jurisdiction of
the consortium;
(c) Criteria for eligibility for those services;
(d) A description of the manner in which those services may be
obtained by eligible children;
(e) The manner in which the costs for those services will be
allocated;
(f) The mechanisms to manage the money provided for those services;
(g) Documentation of the number of emotionally disturbed children
who are not currently being provided services, the costs to provide
services to those children, the obstacles to providing services to those
children and recommendations for removing those obstacles;
(h) Methods for obtaining additional money and services for
emotionally disturbed children from private and public entities; and
(i) The manner in which family members of eligible children and
other persons may be involved in the treatment of the children.
4. On or before July 15 of each year, each mental health
consortium shall submit the recommended plan prepared pursuant to this
section to the Department. If the Department disapproves the plan, the
Department shall submit the plan to the consortium for revision and
resubmission to the Department.
(Added to NRS by 2001 Special Session, 52 ; A 2001 Special Session, 55 ; 2003, 236 , 357 , 358 )
1. An employee of the Division or other person who:
(a) Has reason to believe that a client has been or is being abused
or neglected and fails to report it;
(b) Brings intoxicating beverages or a controlled substance into
any building occupied by clients unless specifically authorized to do so
by the administrative officer or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance
while employed in contact with clients, unless in accordance with a
lawfully issued prescription;
(d) Enters into any transaction with a client involving the
transfer of money or property for personal use or gain at the expense of
the client; or
(e) Contrives the escape, elopement or absence of a client,
Ê is guilty of a misdemeanor.
2. An employee of the Division or other person who willfully
abuses or neglects any client:
(a) If no substantial bodily harm to the client results, is guilty
of a gross misdemeanor.
(b) If substantial bodily harm to the client results, is guilty of
a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, or by a fine of not more than $5,000, or by both
fine and imprisonment.
3. A person who is convicted pursuant to this section is
ineligible for 5 years for appointment to or employment in a position in
the state service and, if he is an officer or employee of the State, he
forfeits his office or position.
4. For the purposes of this section:
(a) “Abuse” means any willful or reckless act or omission to act
which causes physical or mental injury to a client, including, but not
limited to:
(1) The rape, sexual assault or sexual exploitation of the
client;
(2) Striking the client;
(3) The use of excessive force when placing the client in
physical restraints; and
(4) The use of physical or chemical restraints in violation
of state or federal law.
Ê Any act or omission to act which meets the standard practice for care
and treatment does not constitute abuse.
(b) “Neglect” means any act or omission to act which causes injury
to a client or which places the client at risk of injury, including, but
not limited to, the failure to:
(1) Establish or carry out an appropriate plan of treatment
for the client;
(2) Provide the client with adequate nutrition, clothing or
health care; and
(3) Provide a safe environment for the client.
Ê Any act or omission to act which meets the standard practice for care
and treatment does not constitute neglect.
(c) “Standard practice” is the skill and care ordinarily exercised
by prudent medical personnel.
(Added to NRS by 1993, 2713; A 1995, 687, 1277, 1716; 1997, 544)
1. Nothing in this chapter purports to deprive any person of any
legal rights without due process of law.
2. Unless the context clearly indicates otherwise, the provisions
of NRS 433.456 to 433.543 , inclusive, 433.545 to 433.551 ,
inclusive, and chapter 433A of NRS apply to
all persons subject to the provisions of this chapter.
(Added to NRS by 1993, 2714; A 2001, 236 )
