NRS: CHAPTER 435 - PERSONS WITH MENTAL RETARDATION AND RELATED CONDITIONS

[Rev. 1/16/2013 11:31:20 AM--2012R2]

CHAPTER 435 - PERSONS WITH MENTAL RETARDATION AND RELATED CONDITIONS

GENERAL PROVISIONS

NRS 435.005 Applicability of chapter.

NRS 435.009 Policy concerning persons with intellectual disabilities and related conditions.

CARE AND EDUCATION OF CHILDREN WITH MENTAL RETARDATION AND CHILDREN WITH RELATED CONDITIONS BY COUNTY

NRS 435.010 County commissioners to make provision for support, education and care of children with mental retardation and children with related conditions.

NRS 435.020 Children entitled to provision of support, education, care and transportation by county commissioners.

NRS 435.030 Application for services; certificate of county commissioners; transportation of child.

RESIDENTIAL FACILITIES FOR GROUPS OF PERSONS WITH MENTAL RETARDATION AND PERSONS WITH RELATED CONDITIONS

NRS 435.060 Operation of facilities by Division.

NRS 435.070 Administration of facilities; regulations.

NRS 435.077 Regulations for transfer of persons with mental retardation and persons with related conditions from one facility to another; discharge or leave; notice to committing court.

NRS 435.081 Admission of persons with mental retardation or a related condition to division facility; evaluation; discharge if voluntarily admitted.

NRS 435.085 Transfer of person with mental retardation or a related condition to general hospital; payment of expenses.

NRS 435.090 Responsibility of estate, parent or guardian for support of child with mental retardation or a related condition committed to division facility; recovery by legal action.

NRS 435.100 Continuation or initiation of contributions for support upon transfer of person with mental retardation or a related condition from one facility to another.

NRS 435.110 Agreement for contributions of support between Division and parents or guardian of child with mental retardation or a related condition admitted to facility upon request; recovery by legal action; payments from estate of child.

NRS 435.115 Schedule of fees for services to persons with mental retardation and related conditions.

NRS 435.120 Disposition of money collected by Division.

MENTAL RETARDATION CENTERS

NRS 435.121 Types of admission; forms for admission.

NRS 435.122 Voluntary admission.

NRS 435.123 Involuntary admission: Petition to district court; certificate of alleged mental retardation or related condition.

NRS 435.124 Involuntary admission: Hearing on petition; notice.

NRS 435.125 Involuntary admission: Evaluation of person alleged to be person with mental retardation or person with a related condition.

NRS 435.126 Involuntary admission: Right to counsel; compensation.

NRS 435.127 Involuntary admission: Evidence; rights of person alleged to be person with mental retardation or person with a related condition.

NRS 435.128 Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

NRS 435.129 Discharge; notice to consumer; consumer’s representative and court.

CERTIFICATION TO PROVIDE JOBS AND DAY TRAINING SERVICES TO PERSONS WITH MENTAL RETARDATION AND PERSONS WITH RELATED CONDITIONS

NRS 435.130 Declaration of legislative intent.

NRS 435.140 Definitions.

NRS 435.172 “Certificate” defined.

NRS 435.176 “Jobs and day training services” defined.

NRS 435.179 “Nonprofit organization” defined.

NRS 435.220 Regulations; agreements with public and private agencies for provision of services.

NRS 435.225 Certificate required to provide services.

NRS 435.227 Conditions of certification.

NRS 435.235 Division authorized to conduct investigations; employment of personnel.

NRS 435.241 Division authorized to bring action to enjoin provision of services.

NRS 435.245 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 435.247 Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 435.249 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 435.270 Gifts and grants of money: Use; deposit.

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies.

SUPPORTED LIVING ARRANGEMENT SERVICES

NRS 435.3305 Definitions.

NRS 435.331 “Certificate” defined.

NRS 435.3315 “Supported living arrangement services” defined.

NRS 435.332 Certificate required to provide services.

NRS 435.333 Regulations; agreements with public and private agencies for provision of services.

NRS 435.334 Fees for certificate.

NRS 435.335 Division authorized to conduct investigations; employment of personnel.

NRS 435.336 Division authorized to bring action to enjoin provision of services.

NRS 435.337 Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 435.338 Application for issuance of certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 435.339 Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

MISCELLANEOUS PROVISIONS

NRS 435.340 Legal capacity of person with mental retardation or person with a related condition unimpaired unless adjudicated incompetent.

NRS 435.350 Rights of person admitted to facility of Division.

NRS 435.360 Responsibility for costs of care and treatment of person 18 years of age or older.

NRS 435.365 Assistance to parent or other relative caring for certain persons with mental retardation or related condition or child with certain developmental delays; regulations; final administrative decision.

NRS 435.370 Programs for residential placement and foster care by families.

NRS 435.380 Mental Retardation Gift Account.

NRS 435.390 Canteen for facility of Division: Establishment and operation.

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GENERAL PROVISIONS

NRS 435.005 Applicability of chapter. Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the Division offering services to persons with mental retardation and persons with related conditions.

(Added to NRS by 1975, 1625; A 1999, 2594)

NRS 435.007 Definitions. 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. “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.

3. “Person” includes a child and any other consumer with mental retardation or a related condition who has attained the age of 18 years.

4. “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

(Added to NRS by 1975, 1617; A 1979, 1325; 1981, 1579; 1985, 1761; 1999, 2594; 2011, 435)

NRS 435.009 Policy concerning persons with intellectual disabilities and related conditions. It is the policy of this State that persons with intellectual disabilities and persons with related conditions:

1. Receive services in a considerate and respectful manner;

2. Are recognized as individuals before recognizing the disabilities of the persons; and

3. Are to be referred to using language which is commonly viewed as respectful and which refers to the person before referring to his or her disability.

(Added to NRS by 2011, 2600)

CARE AND EDUCATION OF CHILDREN WITH MENTAL RETARDATION AND CHILDREN WITH RELATED CONDITIONS BY COUNTY

NRS 435.010 County commissioners to make provision for support, education and care of children with mental retardation and children with related conditions.

1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the children with mental retardation 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)

NRS 435.020 Children entitled to provision of support, education, care and transportation by county commissioners. All children with mental retardation 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)

NRS 435.030 Application for services; certificate of county commissioners; transportation of child.

1. A parent, relative, guardian or nearest friend of any child with mental retardation or any 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 the child by any other county, political subdivision or agency of this or any other state.

2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.

3. The board of county commissioners shall make necessary arrangements for the transportation of a child with mental retardation 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 child.

[Part 2:77:1929; NCL § 1058] + [Part 3:77:1929; NCL § 1059]—(NRS A 1969, 447; 1975, 1618; 1999, 2595)

RESIDENTIAL FACILITIES FOR GROUPS OF PERSONS WITH MENTAL RETARDATION AND PERSONS WITH RELATED CONDITIONS

NRS 435.060 Operation of facilities by Division. The Division may operate a residential facility for groups to care for and maintain persons with mental retardation 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)

NRS 435.070 Administration of facilities; regulations. The Division is responsible for the administration of all residential facilities for groups established pursuant to NRS 435.060 to 435.120, inclusive, and may enter into such agreements with public and private agencies and adopt such regulations as it deems necessary for the operation of any facility.

(Added to NRS by 1967, 1259; A 1969, 923; 1975, 1619; 1985, 1761)

NRS 435.077 Regulations for transfer of persons with mental retardation and persons with related conditions from one facility to another; discharge or leave; notice to committing court.

1. The Administrator shall adopt regulations for the transfer of persons with mental retardation 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, the Associate Administrator may discharge, or place on convalescent leave, any person with mental retardation or person with a related condition in a facility operated by the Division.

3. When a person with mental retardation or a 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)

NRS 435.081 Admission of persons with mental retardation or a related condition to division facility; evaluation; discharge if voluntarily admitted.

1. The Administrator or the Administrator’s designee may receive a person with mental retardation or a person with a related condition of this State for services in a facility operated by the Division if:

(a) The person is a person with mental retardation 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;

(d) There is written evidence that no less restrictive alternative is available in the person’s community.

2. A person with mental retardation or a 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 person with mental retardation or a 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 the Administrator’s 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 a person with mental retardation or a person with 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 or herself if the person 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, the administrative officer 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 435.085 Transfer of person with mental retardation or a related condition to general hospital; payment of expenses. The administrative officer of a division facility may authorize the transfer of a person with mental retardation or a 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 person with mental retardation who is judicially committed or a person with a related condition who is judicially committed, the expenses must be paid by the person’s parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with mental retardation or the person with a related condition;

2. In the case of a person with mental retardation or a 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 person with mental retardation or a 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)

NRS 435.090 Responsibility of estate, parent or guardian for support of child with mental retardation or a related condition committed to division facility; recovery by legal action.

1. When any child with mental retardation or a 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)

NRS 435.100 Continuation or initiation of contributions for support upon transfer of person with mental retardation or a related condition from one facility to another.

1. When any person with mental retardation or a 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 child with mental retardation or a 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)

NRS 435.115 Schedule of fees for services to persons with mental retardation and related conditions. 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 persons with mental retardation and persons with related conditions by the Division.

(Added to NRS by 1971, 1489; A 1973, 1406; 1975, 1622; 1981, 275; 1999, 2599)

NRS 435.120 Disposition of money collected by Division. Any money collected by the Division under NRS 435.060 to 435.110, inclusive, must be deposited in the State Treasury, accounted for separately by the Division and must be expended for the augmentation of the 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

NRS 435.121 Types of admission; forms for admission.

1. There are two types of admissions of persons with mental retardation or persons with related conditions to a mental retardation center:

(a) Voluntary admission.

(b) Involuntary admission.

2. An application for admission of a person with mental retardation or a 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)

NRS 435.122 Voluntary admission.

1. Any person with mental retardation or a person with a related condition may apply to any mental retardation center for admission as a voluntary consumer. The person’s parent or guardian or another responsible person may submit the application on his or her behalf.

2. If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.

(Added to NRS by 1981, 1577; A 1999, 2599; 2011, 435)

NRS 435.123 Involuntary admission: Petition to district court; certificate of alleged mental retardation or related condition. Whenever a person is alleged to be a person with mental retardation or a person with a related condition and is alleged to be a clear and present danger to himself or herself or others, the person’s parent or guardian or another responsible person may initiate proceedings for his or her involuntary admission to 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 or she has examined the person within the preceding 30 days and has concluded that the person is a person with mental retardation or is a person with a related condition, has demonstrated that the person is a clear and present danger to himself or herself or to others and is in need of institutional training and treatment.

(Added to NRS by 1981, 1577; A 1989, 1552; 1999, 2599)

NRS 435.124 Involuntary admission: Hearing on petition; notice. Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:

1. Determine whether appropriate space and programs are available for the person at the 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, the person’s 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)

NRS 435.125 Involuntary admission: Evaluation of person alleged to be person with mental retardation or person with a related condition.

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 a person with mental retardation or a person with a related condition and whether the person is or is not in need of institutional training and treatment.

2. The court may allow the person alleged to be a person with mental retardation or a person with a related condition to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany the person to the place of examination.

(Added to NRS by 1981, 1578; A 1989, 1552; 1999, 2600)

NRS 435.126 Involuntary admission: Right to counsel; compensation.

1. The person alleged to be a person with mental retardation or a person with a related condition, or any relative or friend acting on the person’s behalf, is entitled to retain counsel to represent him or her in any proceeding before the district court relating to his or her involuntary admission to a mental retardation center.

2. If counsel has not been retained, the court, before proceeding, shall advise the person and the person’s guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.

3. If the person fails or refuses to secure counsel, the court shall appoint counsel to represent the person. If the person is indigent, the counsel appointed may be the public defender.

4. Any counsel appointed by the court is entitled to fair and reasonable compensation for his or her services. The compensation must be charged against the property of the person for whom the counsel was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be a person with mental retardation or a person with a related condition last resided.

(Added to NRS by 1981, 1578; A 1999, 2600)

NRS 435.127 Involuntary admission: Evidence; rights of person alleged to be person with mental retardation or person with a related condition. 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 or she is unable to be present.

3. The person may obtain independent evaluation and expert opinion at his or her own expense, and may summon other witnesses.

(Added to NRS by 1981, 1578; A 1989, 1553)

NRS 435.128 Involuntary admission: Findings and order; expiration and renewal of certificate of eligibility for involuntary admission.

1. Upon completion of the proceedings for involuntary admission of a person to a mental retardation center, if the court finds:

(a) That the person is a person with mental retardation or a person with a related condition, has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;

(b) That appropriate space and programs are available at the 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 consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the 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; 2011, 435)

NRS 435.129 Discharge; notice to consumer; consumer’s representative and court.

1. If the administrative officer of a mental retardation center finds that a consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that consumer.

2. A written notice of the discharge must be given to the consumer and the consumer’s representatives at least 10 days before the discharge.

3. If the consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the person’s admission.

(Added to NRS by 1981, 1579; A 2011, 436)

CERTIFICATION TO PROVIDE JOBS AND DAY TRAINING SERVICES TO PERSONS WITH MENTAL RETARDATION AND PERSONS WITH RELATED CONDITIONS

NRS 435.130 Declaration of legislative intent. The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, is to aid persons with mental retardation and persons with related conditions who are not served by existing programs in receiving 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; 2009, 2236)

NRS 435.140 Definitions. As used in NRS 435.130 to 435.310, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.172, 435.176 and 435.179 have the meanings ascribed to them in those sections.

(Added to NRS by 1969, 1008; A 1975, 1622; 2009, 2236; 2011, 2130)

NRS 435.172 “Certificate” defined. “Certificate” means a certificate which authorizes a natural person or entity to provide jobs and day training services and which is issued pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant thereto.

(Added to NRS by 2009, 2234)

NRS 435.176 “Jobs and day training services” defined. “Jobs and day training services” means individualized services for day habilitation, prevocational, employment and supported employment:

1. Which are provided:

(a) For compensation;

(b) In a division facility or in the community; and

2. Which are designed to assist the person in:

(a) Learning or maintaining skills;

(b) Succeeding in paid or unpaid employment;

(d) Contributing to the person’s community.

(Added to NRS by 2009, 2234)

NRS 435.179 “Nonprofit organization” defined. “Nonprofit organization” means a partnership, firm, corporation or association that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(Added to NRS by 2009, 2235)

NRS 435.220 Regulations; agreements with public and private agencies for provision of services.

1. The Division shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

(a) Standards for the provision of quality care and training by providers of jobs and day training services;

(b) The requirements for the issuance and renewal of a certificate; and

(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services.

(Added to NRS by 1969, 1008; A 1971, 678; 2009, 2236)

NRS 435.225 Certificate required to provide services.

1. A nonprofit organization, state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

2. A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

(Added to NRS by 2009, 2235)

NRS 435.227 Conditions of certification. Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, an organization must:

1. Be on file and in good standing with the Secretary of State as a nonprofit organization pursuant to title 7 of NRS;

2. Submit to the Division an annual audit of the financial statements of the organization that is conducted by an independent certified public accountant; and

3. Submit to the Division the most recent federal tax return of the organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

(a) Any transaction during the federal tax year of the organization in which an economic benefit is provided by the organization to a director, officer or board member of the organization, or any other person who has substantial influence over the organization, and in which the value of the economic benefit provided by the organization exceeds the value of the consideration received by the organization;

(b) Any loans to or from the organization which are received by or from a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the organization;

(c) Any grants or other assistance from the organization during the federal tax year of the organization which benefit a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person;

(d) Business transactions during the federal tax year of the organization between the organization and a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

(e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.

(Added to NRS by 2011, 2129)

NRS 435.235 Division authorized to conduct investigations; employment of personnel. The Division may:

1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of any natural person, nonprofit organization, state or local government or agency thereof proposing to provide jobs and day training services;

2. Upon receipt of a complaint against a natural person, nonprofit organization, state or local government or agency thereof providing jobs and day training services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of jobs and day training services; and

3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310, inclusive.

(Added to NRS by 2009, 2235)

NRS 435.241 Division authorized to bring action to enjoin provision of services.

1. The Division may bring an action in the name of the State of Nevada to enjoin any natural person, nonprofit organization, state or local government or agency thereof from providing jobs and day training services:

(a) Without first obtaining a certificate from the Division; or

(b) After the 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 jobs and day training services without a certificate.

(Added to NRS by 2009, 2235)

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 the applicant 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 the applicant 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 2009, 2235)

(Added to NRS by 2009, 2236)

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 2009, 2236)

NRS 435.270 Gifts and grants of money: Use; deposit.

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)

NRS 435.310 Contract between provider of services and county and school officials and public and private agencies. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with mental retardation and persons with related conditions 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; A 2009, 2237)

SUPPORTED LIVING ARRANGEMENT SERVICES

NRS 435.3305 Definitions. 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)

NRS 435.331 “Certificate” defined. “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)

NRS 435.3315 “Supported living arrangement services” defined. “Supported living arrangement services” means flexible, individualized services provided in the home, for compensation, to a person with mental retardation or a person with a related condition who is served by the Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

(Added to NRS by 2005, 1377)

NRS 435.332 Certificate required to provide services.

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)

NRS 435.333 Regulations; agreements with public and private agencies for provision of services.

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)

NRS 435.334 Fees for certificate.

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)

NRS 435.335 Division authorized to conduct investigations; employment of personnel. 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)

NRS 435.336 Division authorized to bring action to enjoin provision of services.

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 the 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)

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

(Added to NRS by 2005, 1378)

MISCELLANEOUS PROVISIONS

NRS 435.340 Legal capacity of person with mental retardation or person with a related condition unimpaired unless adjudicated incompetent. Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as depriving a person with mental retardation or a person with a related condition of the person’s 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)

NRS 435.350 Rights of person admitted to facility of Division.

1. Each person with mental retardation and each 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 persons with mental retardation and persons with related conditions. The person designated shall file the regulations with the Administrator.

3. Consumers’ 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 consumer’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; 2011, 436)

NRS 435.360 Responsibility for costs of care and treatment of person 18 years of age or older.

1. The relatives of a consumer with mental retardation or a consumer with a related condition who is 18 years of age or older are not responsible for the costs of the consumer’s care and treatment within a division facility.

2. The consumer or the consumer’s estate, when able, may be required to contribute a reasonable amount toward the costs of the consumer’s 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; 2011, 436)

1. To the extent that money is available for that purpose, whenever a person with mental retardation or a related condition is cared for by a parent or other relative with whom the person 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 or she 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 the person lives is not reasonably able to pay for his or her 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

3. The Division shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.

4. 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; 2011, 2636)

NRS 435.370 Programs for residential placement and foster care by families. 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 persons with mental retardation and persons with related conditions.

(Added to NRS by 1975, 1624; A 1999, 2603)

NRS 435.380 Mental Retardation Gift Account.

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)

NRS 435.390 Canteen for facility of Division: Establishment and operation.

1. The administrative officer of any division facility where persons with mental retardation or persons with related conditions reside may establish a canteen operated for the benefit of consumers 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; 2011, 436)