1.  The Administrator or the Administrator’s designee may receive a person of this State with an intellectual disability or a person of this State with a developmental disability for services in a facility operated by the Division if:

Terms Used In Nevada Revised Statutes 435.081

  • Administrative officer: means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator. See Nevada Revised Statutes 435.007
  • Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
  • Child: means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Parent: means the parent of a child. 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
  • Training: means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:

    (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

    (b) Live in an environment that is conducive to personal dignity; and

    (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society. See Nevada Revised Statutes 435.007

  • Treatment: means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility. See Nevada Revised Statutes 435.007

(a) The person is a person with an intellectual disability or a person with a developmental disability and is in need of institutional training and treatment;

(b) Space is available which is designed and equipped to provide appropriate care for the person;

(c) The facility has or can provide an appropriate program of training and treatment for the person; and

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

2.  A person with an intellectual disability or a person with a developmental disability 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 an intellectual disability or a person with a developmental disability 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 persons with intellectual disabilities or persons with developmental disabilities 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 an intellectual disability or a person with a developmental disability 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 intellectual disabilities and developmental disabilities. 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.

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