Nevada § 435.081 - Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted

§ 435.081. Admission of persons to division facility; examination or evaluation of persons without admission; discharge of persons voluntarily admitted

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: (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.