Nevada Revised Statutes 435.090 – Responsibility of estate, parent or guardian for support of child committed to division facility; recovery by legal action
1. When any child with an intellectual disability or any child with a developmental disability 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.
Terms Used In Nevada Revised Statutes 435.090
- 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
- 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
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.