1.  To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability 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:

Terms Used In Nevada Revised Statutes 435.365

  • Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • 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

(a) The person with an intellectual disability or the person with a developmental disability has been diagnosed as having a profound or severe intellectual disability or developmental disability 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 a profound or severe intellectual disability or a person with a profound or severe developmental disability;

(b) The person with an intellectual disability or the person with a developmental disability is receiving adequate care; and

(c) The person with an intellectual disability or the person with a developmental disability and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support. The amount of the assistance must be established by legislative appropriation for each fiscal year.

2.  The Administrator 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

(c) For determining the amount of assistance to be provided to an eligible applicant.

3.  The Administrator 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 Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.

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