Nevada Revised Statutes Section 435.081 - Mental Health

Admission of mentally retarded person or person with related condition to facility of Division; evaluation; discharge of person voluntarily admitted.

1. The Administrator or his designee may receive a mentally retarded person or person with a related condition of this state for services in a facility operated by the Division if:

(a) The person is mentally retarded 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;

(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 his community.

2. A mentally retarded person or 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 mentally retarded person or 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 his 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 Administratorís report.

5. The parent or guardian of a person believed to be mentally retarded or believed to have 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 if he 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 personís best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

Last modified: February 27, 2006