Nevada Revised Statutes 435.077 – Regulations for transfer of persons from one facility to another; discharge or leave; notice to committing court
1. The Administrator shall adopt regulations for the transfer of persons with intellectual disabilities or persons with developmental disabilities from one facility to another facility operated by the Division.
Terms Used In Nevada Revised Statutes 435.077
- Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
- Developmental disability: means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007
- Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
- Division facility: means any unit or subunit operated by the Division for the care, treatment and training of consumers. See Nevada Revised Statutes 435.007
- Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
- Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
2. Subject to the provisions of subsection 3, when the Administrator or his or her designee determines that it is in the best interest of the person, the Administrator or his or her designee may discharge, or place on convalescent leave, any person with an intellectual disability or a person with a developmental disability in a facility operated by the Division.
3. When a person with an intellectual disability or a person with a developmental disability is committed to a division facility by court order, the committing court must be given 10 days’ notice before the discharge of that person.