2005 Nevada Revised Statutes - Chapter 435 — Retarded Persons
CHAPTER 435 - RETARDED PERSONS
GENERAL PROVISIONS
NRS 435.005 Applicabilityof chapter.
NRS 435.007 Definitions.
CARE AND EDUCATION OF MENTALLY RETARDED CHILDREN AND CHILDRENWITH RELATED CONDITIONS BY COUNTY
NRS 435.010 Countycommissioners to make provision for support, education and care of mentallyretarded children and children with related conditions.
NRS 435.020 Childrenentitled to provision of support, education, care and transportation by countycommissioners.
NRS 435.030 Applicationfor services; certificate of county commissioners; transportation of child.
NRS 435.040 Careof resident of Northern or Southern Nevada Childrens Home adjudged to bementally retarded or to have related condition; responsibility for payment ofcosts. [Repealed.]
RESIDENTIAL FACILITIES FOR GROUPS OF MENTALLY RETARDED PERSONSAND PERSONS WITH RELATED CONDITIONS
NRS 435.060 Operationof residential facilities for groups by Division.
NRS 435.070 Administrationof facilities; regulations.
NRS 435.077 Regulationsfor transfer of mentally retarded person or person with related condition fromone facility to another; discharge or leave; notice to committing court.
NRS 435.081 Admissionof mentally retarded person or person with related condition to facility ofDivision; evaluation; discharge of person voluntarily admitted.
NRS 435.085 Transferof mentally retarded person or person with related condition to generalhospital; payment of expenses.
NRS 435.090 Responsibilityof estate, parent or guardian for support of mentally retarded child or childwith related condition committed to facility of Division; recovery by legalaction.
NRS 435.100 Continuationor initiation of contributions for support upon transfer of mentally retardedperson or person with related condition from one facility to another.
NRS 435.110 Agreementfor contributions of support between Division and parents or guardian ofmentally retarded child or child with related condition admitted to facilityupon request; recovery by legal action; payments from estate of child.
NRS 435.115 Scheduleof fees for services to mentally retarded persons and persons with relatedconditions.
NRS 435.120 Dispositionof money collected by Division.
MENTAL RETARDATION CENTERS
NRS 435.121 Typesof admission; forms for admission.
NRS 435.122 Voluntaryadmission.
NRS 435.123 Involuntaryadmission: Petition to district court; certificate of alleged mentalretardation or related condition.
NRS 435.124 Involuntaryadmission: Hearing on petition; notice.
NRS 435.125 Involuntaryadmission: Examination or evaluation of person alleged to be mentally retardedor to have related condition.
NRS 435.126 Involuntaryadmission: Right to counsel; compensation.
NRS 435.127 Involuntaryadmission: Evidence; right of person alleged to be mentally retarded or to haverelated condition to be present, testify and present evidence.
NRS 435.128 Involuntaryadmission: Findings and order; expiration and renewal of certificate ofeligibility for involuntary admission.
NRS 435.129 Discharge;notice to client and court.
COMMUNITY CENTERS FOR TRAINING RETARDED PERSONS AND PERSONSWITH RELATED CONDITIONS
NRS 435.130 Declarationof legislative intent.
NRS 435.140 Definitions.
NRS 435.170 Centerdefined.
NRS 435.180 Enrolleedefined.
NRS 435.190 Functionallyretarded defined.
NRS 435.220 Rules,regulations and standards.
NRS 435.230 Requirementsfor centers; contents of application for and renewal of certificate ofqualification.
NRS 435.240 Applicationfor certificate of qualification: Review; notice of rejection; appeal;limitations.
NRS 435.250 Issuanceand revocation of certificate of qualification; appeal of revocation.
NRS 435.260 Legislativeappropriations; grants to qualifying centers.
NRS 435.270 Giftsand grants of money: Use; deposit.
NRS 435.280 Acceptanceof gifts, bequests, grants and other sources of income.
NRS 435.290 Aidfrom Community Training Center Account; establishment of new centers.
NRS 435.300 Limitationson financial aid.
NRS 435.310 Contractbetween qualified center and county and school district officers.
NRS 435.320 Unlawfulacts; penalty.
SUPPORTED LIVING ARRANGEMENT SERVICES
NRS 435.3305 Definitions.
NRS 435.331 Certificatedefined.
NRS 435.3315 Supportedliving arrangement services defined.
NRS 435.332 Certificaterequired to provide services.
NRS 435.333 Regulations;agreements with public and private agencies for provision of services.
NRS 435.334 Feesfor certificate.
NRS 435.335 Investigationsconcerning qualifications of personnel, methods of operation and policies ofperson or entity providing services; employment by Division of professional,technical and clerical assistance.
NRS 435.336 Actionto enjoin provision of services.
NRS 435.337 Paymentof child support: Statement by applicant for certificate; grounds for denial ofcertificate; duties of Division. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 435.338 Applicationfor issuance of certificate: Social security number required. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]
NRS 435.339 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate. [Expires by limitation onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]
MISCELLANEOUS PROVISIONS
NRS 435.340 Legalcapacity of retarded person or person with related condition unimpaired unlessadjudicated incompetent.
NRS 435.350 Rightsof person admitted to facility of Division.
NRS 435.360 Responsibilityfor costs of care and treatment of client 18 years of age or older.
NRS 435.365 Assistanceto parent or other relative caring for certain persons with mental retardationor related condition or child with certain developmental delays; regulations;final administrative decision.
NRS 435.370 Programsfor residential placement and foster care by families.
NRS 435.380 MentalRetardation Gift Account.
NRS 435.390 Canteenfor facility of Division: Establishment and operation.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1975, 1625; A
NRS
1. Child means any person under the age of 18 yearswho may be eligible for mental retardation services or services for a relatedcondition.
2. Residential facility for groups means a structuresimilar to a private residence which will house a small number of persons in ahomelike atmosphere.
3. Parent means the parent of a child. The term doesnot include the parent of a person who has attained the age of 18 years.
4. Person includes a child and any other mentallyretarded client or client with a related condition who has attained the age of18 years.
(Added to NRS by 1975, 1617; A 1979, 1325; 1981,1579; 1985, 1761; 1999,2594)
CARE AND EDUCATION OF MENTALLY RETARDED CHILDREN ANDCHILDREN WITH RELATED CONDITIONS BY COUNTY
NRS
1. The boards of county commissioners of the variouscounties shall make provision for the support, education and care of thementally retarded children and children with related conditions of theirrespective counties.
2. For that purpose, they are empowered to make allnecessary contracts and agreements to carry out the provisions of this sectionand NRS 435.020 and
3. The provisions of this section and
[1:77:1929; NCL 1057](NRS A 1969, 447; 1975, 1618;1999, 2595;
NRS
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable topay for their support and care; and
3. If division facilities are to be utilized, whom theDivision recognizes as proper subjects for services within such divisionfacilities.
[Part 3:77:1929; NCL 1059](NRS A 1959, 551; 1973,1635; 1975, 1618; 1999,2595; 2005,22nd Special Session, 54)
NRS
1. A parent, relative, guardian or nearest friend ofany mentally retarded child or a child with a related condition who is aresident of this state, may file with the board of county commissioners of theproper county an application under oath stating:
(a) That the child meets the criteria set forth in
(b) That the child requires services not otherwiserequired by law to be provided to him by any other county, politicalsubdivision or agency of this or any other state.
2. If the board of county commissioners is satisfiedthat the statements made in the application are true, the board shall issue acertificate to that effect.
3. The board of county commissioners shall makenecessary arrangements for the transportation of a mentally retarded child or achild with a related condition to any responsible person or facility to beutilized pursuant to contract or agreement as designated in
4. A certificate of the board of county commissioners,when produced, shall be the authority of any responsible person or facility inor without the State of Nevada under contract with the board of countycommissioners to receive any such mentally retarded child or child with arelated condition.
[Part 2:77:1929; NCL 1058] + [Part 3:77:1929; NCL 1059](NRS A 1969, 447; 1975, 1618;
NRS
RESIDENTIAL FACILITIES FOR GROUPS OF MENTALLY RETARDEDPERSONS AND PERSONS WITH RELATED CONDITIONS
NRS
(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619;1985, 1761; 1999,2596)
NRS
(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619;1985, 1761)
NRS
1. The Administrator shall adopt regulations for thetransfer of mentally retarded persons and persons with related conditions fromone facility to another facility operated by the Division.
2. Subject to the provisions of subsection 3, when theAssociate Administrator for Mental Retardation determines that it is in thebest interest of the person, he may discharge, or place on convalescent leave,any mentally retarded person or person with a related condition in a facilityoperated by the Division.
3. When a mentally retarded person or person with arelated condition is committed to a division facility by court order, thecommitting court must be given 10 days notice before the discharge of thatperson.
(Added to NRS by 1971, 1489; A 1975, 1619; 1981, 895;1999, 2596)
NRS
1. The Administrator or his designee may receive amentally retarded person or person with a related condition of this state forservices in a facility operated by the Division if:
(a) The person is mentally retarded as defined in
(b) Space is available which is designed and equippedto provide appropriate care for the person;
(c) The facility has or can provide an appropriateprogram of training and treatment for the person; and
(d) There is written evidence that no less restrictivealternative is available in his community.
2. A mentally retarded person or person with a relatedcondition may be accepted at a division facility for emergency evaluation whenthe evaluation is requested by a court. A person must not be retained pursuantto this subsection for more than 10 working days.
3. A court may order that a mentally retarded personor person with a related condition be admitted to a division facility if itfinds that admission is necessary because of the death or sudden disability ofthe parent or guardian of the person. The person must not be retained pursuantto this subsection for more than 45 days. Before the expiration of the 45-dayperiod, the Division shall report to the court its recommendations forplacement or treatment of the person. If less restrictive alternatives are notavailable, the person may be admitted to the facility using the procedures forvoluntary or involuntary admission, as appropriate.
4. A child may be received, cared for and examined ata division facility for the mentally retarded for not more than 10 working dayswithout admission, if the examination is ordered by a court having jurisdictionof the minor in accordance with the provisions of
5. The parent or guardian of a person believed to bementally retarded or believed to have a related condition may apply to theadministrative officer of a division facility to have the person evaluated bypersonnel of the Division who are experienced in the diagnosis of mentalretardation and related conditions. The administrative officer may accept theperson for evaluation without admission.
6. If, after the completion of an examination orevaluation pursuant to subsection 4 or 5, the administrative officer finds thatthe person meets the criteria set forth in subsection 1, the person may beadmitted to the facility using the procedures for voluntary or involuntaryadmission, as appropriate.
7. If, at any time, the parent or guardian of a personadmitted to a division facility on a voluntary basis, or the person himself ifhe has attained the age of 18 years, requests in writing that the person bedischarged, the administrative officer shall discharge the person. If theadministrative officer finds that discharge from the facility is not in thepersons 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)
NRS
1. In the case of a judicially committed mentallyretarded person or person with a related condition, the expenses must be paidby his parents or guardian to the extent of their reasonable financial abilityas determined by the Administrator, and the remainder, if any, is a charge uponthe county of the last known residence of the mentally retarded person orperson with a related condition;
2. In the case of a mentally retarded person or personwith a related condition admitted to a division facility pursuant to
3. In the case of a mentally retarded person or personwith a related condition admitted to a division facility upon voluntaryapplication as provided in NRS 435.081,the expenses must be paid by the parents or guardian to the extent of theirreasonable financial ability as determined by the Administrator, and for theremainder, if any, the Administrator shall explore all reasonable alternativesources of payment.
(Added to NRS by 1971, 1488; A 1973, 116, 1237; 1975,1620; 1999, 2597)
NRS
1. When any mentally retarded child or child with arelated condition is committed to a division facility by a court of competentjurisdiction, the court shall examine the parent, parents or guardian of thechild regarding the ability of the parent, parents or guardian or the estate ofthe child to contribute to the care, support and maintenance of the child whileresiding in the facility.
2. If the court determines that the parent, parents orguardian of the child is able to contribute, it shall enter an orderprescribing the amount to be contributed.
3. If the court determines that the estate of thechild is able to contribute, it shall enter an order requiring that a guardianof the estate of the child be appointed, if there is none, and that theguardian of the estate contribute the amount prescribed by the court from theestate.
4. If the parent, parents or guardian fail or refuseto comply with the order of the court, the Division is entitled to recover fromthe parent, parents or guardian, by appropriate legal action, all sums duetogether with interest.
(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621;1999, 2598)
NRS
1. When any mentally retarded person or person with arelated condition is transferred from one care facility operated by theDivision to another care facility operated by the Division, the parent, parentsor guardian shall continue to contribute the amount for the care, support andmaintenance of the person as may have previously been ordered by the court ofcompetent jurisdiction committing the person.
2. If no such order was entered by the committingcourt, the Division may petition the court for an order requiring the parent,parents or guardian to contribute.
3. Any order for contribution entered under theprovisions of subsection 2 must be entered in the same manner and has the sameeffect as an order for contribution entered under the provisions of
(Added to NRS by 1969, 442; A 1971, 1490; 1975, 1621;1999, 2598)
NRS
1. When any mentally retarded child or child with arelated condition is admitted to a facility operated by the Division at therequest of a parent, parents or guardian, the parent, parents or guardian shallenter into an agreement with the Division providing for the contribution of anamount for the care, support and maintenance of the child as determined by theDivision to be reasonable. In determining the amount, the Division shall giveconsideration 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 refuseto perform under the terms of the agreement, the Division is entitled torecover from the parent, parents or guardian, by appropriate legal action, allsums due together with interest.
3. If the Division determines that the parent, parentsor guardian do not have the ability to contribute an amount sufficient to payfor the care, support and maintenance of the child, but that the estate of thechild is able to contribute, the Division may make application to a court ofcompetent jurisdiction for the appointment of a guardian of the estate of thechild, if there is none, and for an order requiring the guardian to contributean amount as determined by the court.
(Added to NRS by 1969, 443; A 1971, 1490; 1975, 1621;1999, 2598)
NRS
(Added to NRS by 1971, 1489; A 1973, 1406; 1975,1622; 1981, 275; 1999,2599)
NRS
(Added to NRS by 1969, 443; A 1971, 1491; 1975, 1622;1981, 263)
MENTAL RETARDATION CENTERS
NRS
1. There are two types of admissions of mentallyretarded persons or persons with related conditions to a mental retardationcenter:
(a) Voluntary admission.
(b) Involuntary admission.
2. An application for admission of a mentally retardedperson or person with a related condition to a mental retardation center mustbe made on a form approved by the Division and the Attorney General. The clerkof each district court in the State shall make the forms available to anyperson upon request.
(Added to NRS by 1981, 1577; A
NRS
1. Any mentally retarded person or person with arelated condition may apply to any mental retardation center for admission as avoluntary client. His parent or guardian or another responsible person maysubmit the application on his behalf.
2. If the person or a responsible party on behalf ofthe person objects to voluntary admission, the procedure for involuntaryadmission may be followed.
(Added to NRS by 1981, 1577; A
NRS
(Added to NRS by 1981, 1577; A 1989, 1552;
NRS
1. Determine whether appropriate space and programsare available for the person at the mental retardation center to which it isproposed that the person be admitted; and
2. If appropriate space and programs are available,set a time and place for a hearing on the petition.
The hearingmust 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 isthe subject of the petition, his attorney, if known, the petitioner and theadministrative officer of the mental retardation center to which it is proposedthat the person be admitted.
(Added to NRS by 1981, 1577)
NRS
1. After the petition is filed, the court may cause aphysician or licensed psychologist promptly to examine the person who is thesubject of the petition or request an evaluation from the mental retardationcenter to which it is proposed the person be admitted. Any physician orlicensed psychologist requested by the court to conduct such an examinationmust be experienced in the diagnosis of mental retardation and relatedconditions. The examination or evaluation must indicate whether the person isor is not mentally retarded or a person with a related condition and whether heis or is not in need of institutional training and treatment.
2. The court may allow the person alleged to bementally retarded or to have a related condition to remain at his place ofresidence pending any ordered examination and to return upon completion of theexamination. One or more of the persons relatives or friends may accompany himto the place of examination.
(Added to NRS by 1981, 1578; A 1989, 1552;
NRS
1. The person alleged to be mentally retarded or tohave a related condition, or any relative or friend acting on his behalf, isentitled to retain counsel to represent him in any proceeding before thedistrict court relating to his involuntary admission to a mental retardationcenter.
2. If counsel has not been retained, the court, beforeproceeding, shall advise the person and his guardian, or closest livingrelative if such a relative can be located, of the persons 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 tofair and reasonable compensation for his services. The compensation must becharged against the property of the person for whom he was appointed. If theperson is indigent, the compensation must be charged against the county inwhich the person alleged to be mentally retarded or to have a related conditionlast resided.
(Added to NRS by 1981, 1578; A
NRS
1. The court shall hear and consider all relevantevidence, including the certificate, signed by a physician or licensedpsychologist, which accompanied the petition and the testimony of persons whoconducted examinations or evaluations ordered by the court after the petitionwas filed.
2. The person must be present and has the right totestify, unless the physician or licensed psychologist who signed thecertificate, or who examined the person as ordered by the court, is present andtestifies that the person is so severely disabled that he is unable to bepresent.
3. The person may obtain independent evaluation andexpert opinion at his own expense, and may summon other witnesses.
(Added to NRS by 1981, 1578; A 1989, 1553)
NRS
1. Upon completion of the proceedings for involuntaryadmission of a person to a mental retardation center, if the court finds:
(a) That the person is mentally retarded or has a relatedcondition, has demonstrated that he is a clear and present danger to himself orothers and is in need of institutional training and treatment;
(b) That appropriate space and programs are availableat the mental retardation center to which it is proposed that the person beadmitted; and
(c) That there is no less restrictive alternative toadmission to a mental retardation center which would be consistent with thebest interests of the person,
the courtshall by written order certify that the person is eligible for involuntaryadmission to a mental retardation center.
2. A certificate of eligibility for involuntaryadmission expires 12 months after the date of issuance if the client has notbeen discharged earlier by the procedure provided in
(Added to NRS by 1981, 1578; A
NRS
1. If the administrative officer of a mentalretardation center finds that a client is no longer in need of the servicesoffered at the center, he shall discharge that client.
2. A written notice of the discharge must be given tothe client and his representatives at least 10 days before the discharge.
3. If the client was admitted involuntarily, theAdministrator shall, at least 10 days before the discharge, notify the districtcourt which issued the certificate of eligibility for the persons admission.
(Added to NRS by 1981, 1579)
COMMUNITY CENTERS FOR TRAINING RETARDED PERSONS AND PERSONSWITH RELATED CONDITIONS
NRS
(Added to NRS by 1969, 1008; A 1975, 1622;
NRS
(Added to NRS by 1969, 1008; A 1975, 1622)
NRS
(Added to NRS by 1969, 1008)
NRS
(Added to NRS by 1969, 1008; A
NRS
(Added to NRS by 1969, 1008)
NRS
(Added to NRS by 1969, 1008; A 1971, 678)
NRS
1. File an application with the Division for acertificate of qualification, which must include:
(a) The name and address of the center.
(b) The names, addresses and qualifications of theadministrative personnel of the center.
(c) An outline of the educational, occupational andtherapeutic program to be offered.
(d) The number of persons enrolled or expected.
(e) An affidavit that the center is nonsectarian and anonprofit organization under the Internal Revenue Code of 1954 as amended, 26U.S.C. 501(c)(3).
(f) The number and qualifications of the staff.
(g) A complete and detailed proposed financialstatement for the operations for the coming year.
(h) Any other information which the Division mayrequire.
2. Each year after the original application is madeunder subsection 1, file an application for renewal of the certificate ofqualification, which must contain:
(a) The information required by subsection 1.
(b) The total number of members of the staff, personsenrolled, and days of care and training that the center provided during theprevious year.
(c) The number enrolled and days of care and trainingthat the center provided during the previous year to those enrolled who qualifyfor aid under the terms of NRS 435.130to 435.320, inclusive, and the standardsestablished by the Division.
(d) A financial statement clearly showing all incomereceived by the center during the previous year and the sources thereof.
(e) Any other information that the Division mayrequire.
3. Be inspected by a member or authorized agent of theDivision to determine whether the centers facilities are proper and adequate.
4. Keep accurate records of daily attendance andestablish uniform financial statements and bookkeeping procedures as prescribedby the Division.
5. Maintain standards not inconsistent with thoserequired by NRS 435.130 to
6. Before certifying an applicant for enrollment asmentally retarded or a person with a related condition, require:
(a) A documentary history of retarded overallfunctioning or the related condition; and
(b) Substantiation, through evaluation by a qualifieddiagnostic 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)
NRS
1. All applications for a certificate of qualificationwhich have been approved by the Administrator must be reviewed by theCommission 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 thereasons therefor.
3. Within 30 days after the Administrator mails thenotice of rejection of the application, the applicant may appeal the rejectionto the Commission. The Commission shall review the application and the reasonsfor its denial and may receive evidence, documentary or testimonial, to aid itin its decision. Thereafter, the Commission shall issue its decision rejectingthe 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 thecertification brings the average support per enrollee below the amount specifiedin the budget for the community training center account as approved by the mostrecent 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)
NRS
1. After approval of the application, the Divisionshall issue a certificate of qualification to centers which meet therequirements of NRS 435.130 to
2. The Division may revoke the certificate ofqualification of a center at any time when it fails to meet the requirements ofNRS 435.130 to
3. An appeal may be taken from any such revocation inthe same manner as appeals are taken from a rejection of an application under
(Added to NRS by 1969, 1010; A 1971, 680; 1985, 2272)
NRS
(Added to NRS by 1969, 1010; A 1971, 680; 1981, 263;1985, 2273)
NRS
1. All gifts or grants of money which the Division isauthorized to accept must be spent in accordance with the provisions of thegift or grant. In the absence of such provisions, the Division must spend themoney for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the StateTreasury in a separate account in the Department of Health and Human ServicesGift Fund.
3. All claims must be approved by the Administratorbefore they are paid.
(Added to NRS by 1969, 1010; A 1971, 680; 1979, 623;1981, 78)
NRS
1. Each qualifying center may accept gifts, bequests,grants or any other outside source of income directly for the purpose ofcarrying out its functions.
2. All such money received must be spent in accordancewith the provisions of the gift, bequest or grant. In the absence of suchprovisions, 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 Administratorbefore they are paid.
(Added to NRS by 1969, 1010; A 1981, 78; 1983, 396)
NRS
1. A center holding a certificate of qualificationfrom the Division is entitled to aid from the Community Training Center Accountin the amount, within the limits of legislative appropriations, specified inthe budget for the community training center account as approved by the mostrecent session of the Legislature:
(a) Per enrollee;
(b) For centers entitled to the minimal allotment, ifthe center maintains five or more enrollees and its staff and operatingexpenses are equal to or greater than the amount allocated; or
(c) For centers entitled to the minimal allotment on apro rata basis per enrollee, if the center maintains four or fewer enrolleesand its staff and operating expenses are equal to or greater than the amountallocated,
whichever isgreater.
2. The Division, upon approval of the Commission, maygrant aid from the Community Training Center Account to help in establishingnew centers. This aid in the aggregate must not exceed one-fourth of the moneyavailable 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)
NRS
1. No center may receive aid under the provisions of
2. The provisions of subsection 1 do not preclude aidon account of persons who are receiving career and technical education at anycenter in conjunction with a schools program of special education.
(Added to NRS by 1969, 1010; A 1985, 817;
NRS
(Added to NRS by 1969, 1011)
NRS
(Added to NRS by 1969, 1011; A 1971, 681)
SUPPORTED LIVING ARRANGEMENT SERVICES
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. No partnership, firm, corporation, association,state or local government or agency thereof may provide supported livingarrangement services in this State without first obtaining a certificate fromthe Division.
2. No natural person other than a person who isemployed by an entity listed in subsection 1 may provide supported livingarrangement services in this State without first obtaining a certificate fromthe Division.
(Added to NRS by
NRS
1. The Division shall adopt regulations governingsupported living arrangement services, including, without limitation,regulations that set forth:
(a) Standards for the provision of quality care by providersof supported living arrangement services;
(b) The requirements for the issuance and renewal of acertificate to provide supported living arrangement services; and
(c) The rights of consumers of supported livingarrangement services, including, without limitation, the right of a consumer tofile a complaint and the procedure for filing such a complaint.
2. The Division may enter into such agreements withpublic and private agencies as it deems necessary for the provision ofsupported living arrangement services.
3. For each regulation adopted pursuant to
(Added to NRS by
NRS
1. The Division may, by regulation, prescribe a feefor:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
2. A fee prescribed pursuant to subsection 1 must becalculated to produce the revenue estimated to cover the costs related to thecertifications and renewals, but in no case may a fee for a certificate orrenewal of a certificate exceed the actual cost to the Division of issuing orrenewing the certificate, as applicable.
(Added to NRS by
NRS
1. Upon receipt of an application for a certificate,conduct an investigation into the qualifications of personnel, methods ofoperation, policies and purposes of any natural person, partnership, firm,corporation, association, state or local government or agency thereof proposingto provide supported living arrangement services;
2. Upon receipt of a complaint against a naturalperson, partnership, firm, corporation, association, state or local governmentor agency thereof providing supported living arrangement services, except for acomplaint concerning the cost of services, conduct an investigation into thequalifications of personnel, methods of operation, policies, procedures andrecords of the provider of services; and
3. Employ such professional, technical and clericalassistance as it deems necessary to carry out the provisions of
(Added to NRS by
NRS
1. The Division may bring an action in the name of theState to enjoin any natural person, partnership, firm, corporation,association, state or local government or agency thereof from providingsupported living arrangement services:
(a) Without first obtaining a certificate from theDivision; or
(b) After his or its certificate has been revoked orsuspended by the Division.
2. It is sufficient in such an action to allege thatthe defendant did, on a certain date and in a certain place, provide supportedliving arrangement services without a certificate.
(Added to NRS by
NRS
1. A natural person who applies for the issuance orrenewal of a certificate must submit to the Division the statement prescribedby the Division of Welfare and Supportive Services of the Department pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.
2. The Division shall include the statement requiredpursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted 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 theDivision if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for the repaymentof the amount owed pursuant to the order, the Division shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a natural person who is the holderof a certificate, the Division shall deem the certificate issued to that personto be suspended at the end of the 30th day after the date the court order wasissued unless the Division receives a letter issued to the holder of thecertificate by the district attorney or other public agency pursuant to
2. The Division shall reinstate a certificate that hasbeen suspended by a district court pursuant to
(Added to NRS by
MISCELLANEOUS PROVISIONS
NRS
(Added to NRS by 1975, 1617; A
NRS
1. Each mentally retarded person or person with arelated condition admitted to a division facility is entitled to all rightsenumerated in NRS 433.482,
2. The Administrator shall designate a person orpersons to be responsible for establishment of regulations relating to denialof rights of mentally retarded persons and persons with related conditions. Theperson designated shall file the regulations with the Administrator.
3. Clients rights specified in
4. Upon receipt of notice of a denial of rights asprovided in subsection 3, the Administrators designee or designees shall causea full report to be prepared which sets forth in detail the factualcircumstances surrounding the denial. A copy of the report must be sent to theAdministrator and the Commission.
5. The Commission has such powers and duties withrespect to reports of denial of rights as are enumerated in subsection 3 of
(Added to NRS by 1975, 1624; A 1981, 895; 1985, 2273;1999, 2602,
NRS
1. The relatives of a mentally retarded client orclient with a related condition who is 18 years of age or older are notresponsible for the costs of his care and treatment within a division facility.
2. The client or his estate, when able, may berequired to contribute a reasonable amount toward the costs of his care andtreatment. Otherwise, the full costs of the services must be borne by theState.
(Added to NRS by 1975, 1624; A 1977, 103; 1981, 1580;1999, 2602)
NRS
1. Whenever a person with mental retardation or arelated condition is cared for by a parent or other relative with whom helives, that parent or relative is eligible to receive assistance on a monthlybasis from the Division for each such person who lives and is cared for in thehome if the Division finds that:
(a) The person with mental retardation or a relatedcondition has been diagnosed as having profound or severe mental retardationor, if he is under 6 years of age, has developmental delays that requiresupport that is equivalent to the support required by a person with profound orsevere mental retardation or a related condition;
(b) The person with mental retardation or a relatedcondition is receiving adequate care; and
(c) The person with mental retardation or a relatedcondition and the parent or other relative with whom he lives is not reasonablyable to pay for his care and support.
The amountof the assistance must be established by legislative appropriation for eachfiscal year.
2. The Division shall adopt regulations:
(a) Which establish a procedure of application forassistance;
(b) For determining the eligibility of an applicantpursuant to subsection 1; and
(c) For determining the amount of assistance to beprovided to an eligible applicant.
3. The decision of the Division regarding eligibilityfor assistance or the amount of assistance to be provided is a finaladministrative decision.
(Added to NRS by 1981, 856; A 1985, 289; 1997, 842;
NRS
(Added to NRS by 1975, 1624; A
NRS
1. All gifts or grants of money which the Division isauthorized to accept must be spent in accordance with the provisions of thegift or grant. In the absence of those provisions, the Division must spend themoney for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the StateTreasury to the credit of the Mental Retardation Gift Account in the Departmentof Health and Human Services Gift Fund.
3. All claims must be approved by the Administratorbefore they are paid.
(Added to NRS by 1975, 1624; A 1979, 623; 1981, 79)
NRS
1. The administrative officer of any division facilitywhere mentally retarded persons or persons with related conditions reside mayestablish a canteen operated for the benefit of clients and employees of thefacility. The administrative officer shall keep a record of transactions in theoperation of the canteen.
2. Each canteen must be self-supporting. No moneyprovided by the state may be used for its operation.
3. The respective administrative officers shalldeposit the money used for the operation of the canteen in one or more banks orcredit unions of reputable standing, except that an appropriate sum may bemaintained as petty cash at each canteen.
(Added to NRS by 1979, 146; A
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