Assembly Bill No. 531–Committee on Health
and Human Services

March 15, 1999

____________

Referred to Committee on Health and Human Services

 

SUMMARY—Clarifies and limits liability of certain foster homes for children in their care. (BDR 38-1637)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to foster homes; clarifying and limiting the liability of certain persons who provide foster care for children in their care; limiting the criminal liability of such persons for the truancy of children in their care; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 422.310 is hereby amended to read as follows:

1-2 422.310 1. Spouse for spouse and , except as otherwise provided in

1-3 subsection 2, parents for minor children are liable for the support of an

1-4 applicant for or recipient of public assistance.

1-5 2. The provisions of subsection 1 do not impose any liability upon a

1-6 person who is licensed by the division of child and family services of the

1-7 department pursuant to NRS 424.030 to conduct a family foster home or

1-8 group foster home, for the support of a child in his foster care.

1-9 3. The welfare division shall investigate the ability of responsible

1-10 relatives to contribute to the support of an applicant for or recipient of

1-11 public assistance and shall determine the amount of such support for which

1-12 such relative is responsible.

1-13 Sec. 2. NRS 422.3752 is hereby amended to read as follows:

1-14 422.3752 1. [The] Except as otherwise provided in subsection 2, the

1-15 chief of the program for the enforcement of child support of the welfare

1-16 division or his designee may enforce a court order for the support of a

1-17 child against the parents of a noncustodial parent of a child if:

2-1 (a) The custodial parent and noncustodial parent of the child are both

2-2 less than 18 years of age; and

2-3 (b) The custodial parent of the child is a member of a household that is

2-4 receiving benefits.

2-5 2. The provisions of subsection 1 do not authorize the enforcement

2-6 against a person who is licensed by the division of child and family

2-7 services of the department pursuant to NRS 424.030 to conduct a family

2-8 foster home or group foster home, of a court order for the support of a

2-9 child by a noncustodial parent who is in the foster care of that person.

2-10 3. If the chief or his designee enforces a court order against the parents

2-11 of a noncustodial parent pursuant to subsection 1, the parents of the

2-12 noncustodial parent are jointly and severally liable for the payments

2-13 required pursuant to the order.

2-14 Sec. 3. NRS 423.210 is hereby amended to read as follows:

2-15 423.210 1. A child other than an orphan must be admitted to the

2-16 northern Nevada children’s home or the southern Nevada children’s home

2-17 when committed by the district court of the county in which such child

2-18 resides as a dependent child.

2-19 2. The county from which the child was committed shall pay to the

2-20 superintendent the sum of $200 monthly for the care and support of each

2-21 child committed. The superintendent shall deposit all money collected

2-22 pursuant to this subsection in the state general fund for credit to the

2-23 appropriate operating account. Except as otherwise provided in subsection

2-24 3 [,] and section 4 of this act, the order of commitment must require the

2-25 parent or parents of the child to reimburse the county the sum of $200 per

2-26 month for the care and support of the child.

2-27 3. [If] Except as otherwise provided in section 4 of this act, if it

2-28 appears to the district court that the parent or parents are unable to pay

2-29 $200 per month, the order must require the payment of such lesser amount

2-30 as may be found to be reasonable [,] or, if the parents [be] are found

2-31 unable to pay anything, the order must provide that no such payments are

2-32 required.

2-33 4. If the parent or parents fail or refuse to comply with the order of the

2-34 court, the county where the child was committed shall thereupon be

2-35 entitled to recover from the parent or parents, by appropriate legal action,

2-36 all money due together with interest thereon at the rate of 7 percent per

2-37 annum.

2-38 5. The board of county commissioners of the county from which the

2-39 child was committed shall advise the district attorney of the county of the

2-40 failure of a parent or parents to make the support payments required by the

2-41 court order and the district attorney shall cause appropriate legal action to

2-42 be taken to collect the payments, together with interest thereon at the rate

2-43 of 7 percent per annum.

3-1 6. When any parent of a child committed pursuant to this section fails

3-2 to pay the amount ordered for support or, if no support be ordered, fails to

3-3 make any contribution for support, for a period of 1 year, that failure is

3-4 prima facie proof of abandonment of the child by the parents.

3-5 Sec. 4. Chapter 424 of NRS is hereby amended by adding thereto a

3-6 new section to read as follows:

3-7 1. Except as otherwise provided by specific statute, a person who is

3-8 licensed by the division pursuant to NRS 424.030 to conduct a family

3-9 foster home or group foster home is not liable for:

3-10 (a) Any act of a child in his foster care; or

3-11 (b) The care, support and maintenance of a child in his foster care

3-12 who is placed in the custody of any other person or governmental entity

3-13 as a result of any act of the child,

3-14 unless the person licensed by the division took an affirmative action that

3-15 contributed to the act of the child.

3-16 2. The immunity from liability provided pursuant to this section

3-17 includes, without limitation, immunity from any fine, penalty, debt or

3-18 other liability incurred as a result of the act of the child.

3-19 Sec. 5. NRS 424.090 is hereby amended to read as follows:

3-20 424.090 The provisions of NRS 424.010 to 424.100, inclusive, and

3-21 section 4 of this act do not apply to homes in which:

3-22 1. Care is provided only for a neighbor’s or friend’s child on an

3-23 irregular or occasional basis for a brief period, not to exceed 90 days.

3-24 2. Care is provided by the legal guardian.

3-25 3. Care is provided for an exchange student.

3-26 4. Care is provided to enable a child to take advantage of educational

3-27 facilities that are not available in his home community.

3-28 5. Any child or children are received, cared for and maintained

3-29 pending completion of proceedings for adoption of such child or children,

3-30 except as otherwise provided in NRS 127.2815.

3-31 Sec. 6. NRS 425.3822 is hereby amended to read as follows:

3-32 425.3822 1. [If] Except as otherwise provided in subsection 3, if

3-33 there is no court order concerning the support of a child entered against the

3-34 parent from whom support is sought, the chief may issue a notice and

3-35 finding of financial responsibility after the division:

3-36 (a) Makes a payment of public assistance; or

3-37 (b) Receives a request for services to carry out the program.

3-38 2. The notice must be served upon the parent in the manner prescribed

3-39 for service of summons in a civil action or by certified mail, restricted

3-40 delivery, with return receipt requested.

3-41 3. The provisions of subsection 1 do not authorize the chief to issue a

3-42 notice and finding of financial responsibility against a person who is

3-43 licensed by the division of child and family services of the department of

4-1 human resources pursuant to NRS 424.030 to conduct a family foster

4-2 home or group foster home, for the support of a child in the foster care

4-3 of that person unless the person is a responsible parent of the child.

4-4 Sec. 7. NRS 432.085 is hereby amended to read as follows:

4-5 432.085 1. [The] Except as otherwise provided in section 4 of this

4-6 act, the parents of a child placed in the custody of the division pursuant to

4-7 the provisions of NRS 62.880 or 432.010 to 432.085, inclusive, or chapter

4-8 432B of NRS are liable to the division for the cost of maintenance and

4-9 special services provided to the child.

4-10 2. The division shall, in accordance with NRS 232.464, establish

4-11 reasonable schedules for the repayment of money owed by parents

4-12 pursuant to subsection 1.

4-13 3. The division may waive all or any part of the amount due pursuant

4-14 to this section if it determines that the parents of the child do not have the

4-15 ability to pay the amount.

4-16 4. If a parent refuses to pay the division for money owed under this

4-17 section, the division may bring a civil action to recover all money owed

4-18 with interest thereon at the rate of 7 percent per year commencing 30 days

4-19 after an itemized statement of the amount owed is submitted to the parents.

4-20 5. All money collected pursuant to this section must be deposited with

4-21 the state treasurer for credit to the state child welfare services account.

4-22 Sec. 8. NRS 41.470 is hereby amended to read as follows:

4-23 41.470 1. [Any] Except as otherwise provided in section 4 of this

4-24 act, any act of willful misconduct of a minor which results in any injury or

4-25 death to another person or injury to the private property of another or to

4-26 public property is imputed to the parents or guardian having custody and

4-27 control of the minor for all purposes of civil damages, and the parents or

4-28 guardian having custody or control are jointly and severally liable with the

4-29 minor for all damages resulting from the willful misconduct.

4-30 2. The joint and several liability of one or both parents or guardian

4-31 having custody or control of a minor under this section [shall] must not

4-32 exceed $10,000 for any such act of willful misconduct of the minor.

4-33 3. The liability imposed by this section is in addition to any other

4-34 liability [now] imposed by law.

4-35 Sec. 9. NRS 62.085 is hereby amended to read as follows:

4-36 62.085 1. If a child is alleged to be delinquent or in need of

4-37 supervision, the child and his parents, guardian or custodian must be

4-38 advised by the court or its representative that the child is entitled to be

4-39 represented by an attorney at all stages of the proceedings, unless waived.

4-40 If indigent, the parent, guardian or custodian of the child may request the

4-41 appointment of an attorney to represent the child pursuant to the provisions

4-42 in NRS 171.188. If not indigent and:

4-43 (a) An attorney is not retained for the child; or

5-1 (b) It does not appear that an attorney will be retained,

5-2 an attorney must be appointed for the child, unless waived.

5-3 2. [If] Except as otherwise provided in section 4 of this act, if an

5-4 attorney is appointed to represent a child [, the] :

5-5 (a) The parents of that child shall pay the reasonable fees and expenses

5-6 of the attorney unless they are indigent [.] ; or

5-7 (b) If the parents of the child are indigent, the court may require the

5-8 parent, guardian or custodian of the child to reimburse the county or state

5-9 in accordance with his ability to pay.

5-10 3. The parent, guardian or custodian may be represented by an

5-11 attorney at all stages of the proceedings. In no case may an attorney be

5-12 appointed for him unless the court makes written findings that such an

5-13 appointment is required in the interest of justice and specifying the reasons

5-14 thereof.

5-15 4. Each attorney, other than a public defender, [if] appointed under the

5-16 provisions of this section [,] is entitled to the same compensation and

5-17 expenses from the county as provided in NRS 7.125 and 7.135 for

5-18 attorneys appointed to represent persons charged with crimes.

5-19 Sec. 10. NRS 62.211 is hereby amended to read as follows:

5-20 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and

5-21 62.2245, if the court finds that a child is within the purview of this chapter

5-22 it shall so decree and may:

5-23 (a) Place the child under supervision in his own home or in the custody

5-24 of a suitable person elsewhere, upon such conditions as the court may

5-25 determine. A program of supervision in the home may include electronic

5-26 surveillance of the child. The legislature declares that a program of

5-27 supervision that includes electronic surveillance is intended as an

5-28 alternative to commitment and not as an alternative to probation, informal

5-29 supervision or a supervision and consent decree.

5-30 (b) Commit the child to the custody of a public or private institution or

5-31 agency authorized to care for children, or place him in a home with a

5-32 family. In committing a child to a private institution or agency the court

5-33 shall select one that is required to be licensed by the department of human

5-34 resources to care for such children [,] or, if the institution or agency is in

5-35 another state, by the analogous department of that state. The court shall not

5-36 commit a female child to a private institution without the prior approval of

5-37 the superintendent of the Caliente youth center, and shall not commit a

5-38 male child to a private institution without the prior approval of the

5-39 superintendent of the Nevada youth training center.

5-40 (c) Order such medical, psychiatric, psychological or other care and

5-41 treatment as the court deems to be for the best interests of the child, except

5-42 as otherwise provided in this section.

6-1 (d) Order the parent, guardian, custodian or any other person to refrain

6-2 from continuing the conduct which, in the opinion of the court, has caused

6-3 or tended to cause the child to come within or remain under the provisions

6-4 of this chapter.

6-5 (e) If the child is less than 18 years of age, order:

6-6 (1) The parent, guardian or custodian of the child; and

6-7 (2) Any brother, sister or other person who is living in the same

6-8 household as the child over whom the court has jurisdiction,

6-9 to attend or participate in counseling, with or without the child, including,

6-10 but not limited to, counseling regarding parenting skills, alcohol or

6-11 substance abuse, or techniques of dispute resolution.

6-12 (f) [Order] Except as otherwise provided in section 4 of this act, order

6-13 the parent or guardian of the child to participate in a program designed to

6-14 provide restitution to the victim of an act committed by the child or to

6-15 perform public service.

6-16 (g) [Order] Except as otherwise provided in section 4 of this act, order

6-17 the parent or guardian of the child to pay all or part of the cost of the

6-18 proceedings, including, but not limited to, reasonable attorney’s fees, any

6-19 costs incurred by the court and any costs incurred in the investigation of an

6-20 act committed by the child and the taking into custody of the child.

6-21 (h) Order the suspension of the child’s driver’s license for at least 90

6-22 days but not more than 2 years. If the child does not possess a driver’s

6-23 license, the court may prohibit the child from receiving a driver’s license

6-24 for at least 90 days but not more than 2 years:

6-25 (1) Immediately following the date of the order, if the child is eligible

6-26 to receive a driver’s license.

6-27 (2) After the date he becomes eligible to apply for a driver’s license,

6-28 if the child is not eligible to receive a license on the date of the order.

6-29 If the court issues an order suspending the driver’s license of a child

6-30 pursuant to this paragraph, the judge shall require the child to surrender to

6-31 the court all driver’s licenses then held by the child. The court shall, within

6-32 5 days after issuing the order, forward to the department of motor vehicles

6-33 and public safety the licenses, together with a copy of the order. If,

6-34 pursuant to this paragraph, the court issues an order delaying the ability of

6-35 a child to receive a driver’s license, the court shall, within 5 days after

6-36 issuing the order, forward to the department of motor vehicles and public

6-37 safety a copy of the order. The department of motor vehicles and public

6-38 safety shall report a suspension pursuant to this paragraph to an insurance

6-39 company or its agent inquiring about the child’s driving record, but such a

6-40 suspension must not be considered for the purpose of rating or

6-41 underwriting. The department of motor vehicles and public safety shall not

6-42 require the child to submit to the tests and other requirements which are

6-43 adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

7-1 condition of reinstatement or reissuance after a suspension of his license

7-2 pursuant to this paragraph, unless the suspension resulted from his poor

7-3 performance as a driver.

7-4 (i) Place the child, when he is not in school, under the supervision of:

7-5 (1) A public organization to work on public projects;

7-6 (2) A public agency to work on projects to eradicate graffiti; or

7-7 (3) A private nonprofit organization to perform other public service.

7-8 The person under whose supervision the child is placed shall keep the child

7-9 busy and well supervised and shall make such reports to the court as it may

7-10 require. [As] Except as otherwise provided in section 4 of this act, as a

7-11 condition of such a placement, the court may require the child or his parent

7-12 or guardian to deposit with the court a reasonable sum of money to pay for

7-13 the cost of policies of insurance against liability for personal injury and

7-14 damage to property or for industrial insurance, or both, during those

7-15 periods in which he performs the work, unless, in the case of industrial

7-16 insurance, it is provided by the organization or agency for which he

7-17 performs the work.

7-18 (j) Permit the child to reside in a residence without the immediate

7-19 supervision of an adult, or exempt the child from mandatory attendance at

7-20 school so that the child may be employed full time, or both, if the child is

7-21 at least 16 years of age, has demonstrated the capacity to benefit from this

7-22 placement or exemption and is under the strict supervision of the juvenile

7-23 division.

7-24 (k) Require the child to provide restitution to the victim of the crime

7-25 which the child has committed.

7-26 (l) Impose a fine on the child. If a fine is imposed, the court shall

7-27 impose an administrative assessment pursuant to NRS 62.223.

7-28 (m) If the child has not previously been found to be within the purview

7-29 of this chapter and if the act for which the child is found to be within the

7-30 purview of this chapter did not involve the use or threatened use of force or

7-31 violence, order the child to participate in a publicly or privately operated

7-32 program of sports or physical fitness. If the court orders the child to

7-33 participate in such a program, the court may order any or all of the

7-34 following, in the following order of priority if practicable:

7-35 (1) [The] Except as otherwise provided in section 4 of this act, the

7-36 parent or guardian of the child, to the extent of his financial ability, to pay

7-37 the costs associated with the participation of the child in the program,

7-38 including, but not limited to, a reasonable sum of money to pay for the cost

7-39 of policies of insurance against liability for personal injury and damage to

7-40 property during those periods in which the child participates in the

7-41 program;

8-1 (2) The child to work on projects or perform public service pursuant

8-2 to paragraph (i) for a period that reflects the costs associated with the

8-3 participation of the child in the program; or

8-4 (3) The county in which the petition alleging the child to be

8-5 delinquent or in need of supervision is filed to pay the costs associated

8-6 with the participation of the child in the program.

8-7 2. [If] Except as otherwise provided in section 4 of this act, if the

8-8 court finds that a child who is less than 17 years of age has committed a

8-9 delinquent act [, the] :

8-10 (a) The court may order the parent or guardian of the child to pay any

8-11 fines and penalties imposed for the delinquent act [.] ; or

8-12 (b) If the parent or guardian is unable to pay the fines and penalties

8-13 imposed because of financial hardship, the court may require the parent or

8-14 guardian to perform community service.

8-15 3. In determining the appropriate disposition of a case concerning a

8-16 child found to be within the purview of this chapter, the court shall

8-17 consider whether the act committed by the child involved the use of a

8-18 firearm or the use or threatened use of force or violence against the victim

8-19 of the act and whether the child is a serious or chronic offender. If the

8-20 court finds that the act committed by the child involved the use of a

8-21 firearm or the use or threatened use of force or violence against the victim

8-22 or that the child is a serious or chronic offender, the court shall include the

8-23 finding in its order and may, in addition to the options set forth in

8-24 subsections 1 and 2 of this section and NRS 62.213:

8-25 (a) Commit the child for confinement in a secure facility, including a

8-26 facility which is secured by its staff.

8-27 (b) Impose any other punitive measures the court determines to be in

8-28 the best interests of the public or the child.

8-29 4. Except as otherwise provided in NRS 62.455 and 62.570, at any

8-30 time, either on its own volition or for good cause shown, the court may

8-31 terminate its jurisdiction concerning the child.

8-32 5. Whenever the court commits a child to any institution or agency

8-33 pursuant to this section or NRS 62.213, it shall transmit a summary of its

8-34 information concerning the child and order the administrator of the school

8-35 that the child last attended to transmit a copy of the child’s educational

8-36 records to the institution or agency. The institution or agency shall give to

8-37 the court any information concerning the child that the court may require.

8-38 6. In determining whether to place a child pursuant to this section in

8-39 the custody of a person other than his parent, guardian or custodian,

8-40 preference must be given to any person related within the third degree of

8-41 consanguinity to the child whom the court finds suitable and able to

8-42 provide proper care and guidance for the child.

8-43 Sec. 11. NRS 62.213 is hereby amended to read as follows:

9-1 62.213 1. If the court finds that a child who is 8 years of age or older

9-2 is:

9-3 (a) Delinquent;

9-4 (b) In need of placement in a correctional or institutional facility; and

9-5 (c) In need of residential psychiatric services or other residential

9-6 services for his mental health, if the child is 12 years of age or older,

9-7 the court may, in addition to the options set forth in subsection 1 of NRS

9-8 62.211, commit the child to the custody of the division of child and family

9-9 services of the department of human resources for suitable placement by

9-10 the division pursuant to NRS 62.215.

9-11 2. [The] Except as otherwise provided in section 4 of this act, the

9-12 court may order, when committing a child to the custody of the division of

9-13 child and family services pursuant to this section, that the expense of his

9-14 support and maintenance be paid in whole or in part by his parents,

9-15 guardian or other person liable for his support and maintenance. Those

9-16 payments must be paid to the administrator of the division of child and

9-17 family services, who shall immediately deposit the money with the state

9-18 treasurer for credit to a separate account in the state general fund for

9-19 expenditure by the administrator to carry out the powers and duties of the

9-20 administrator and the division of child and family services.

9-21 3. The court shall order, before committing a child to the custody of

9-22 the division of child and family services pursuant to this section, that the

9-23 child be given a physical examination, which includes a blood test, test for

9-24 tuberculosis, urinalysis and examination for venereal disease, by a

9-25 physician. The physician shall, within 5 days after the examination, make a

9-26 written report of the results thereof to the clerk of the court. Upon receipt

9-27 of the written report, the county auditor shall allow a claim for payment to

9-28 the physician for the examination. The clerk of the court shall immediately

9-29 forward a copy of the written report to the administrator of the division of

9-30 child and family services.

9-31 Sec. 12. NRS 62.221 is hereby amended to read as follows:

9-32 62.221 Whenever any child is found to have committed a minor traffic

9-33 offense, the judge [,] or his authorized representative [,] shall forward to

9-34 the department of motor vehicles and public safety, in the form required by

9-35 NRS 483.450, a record of the violation, other than a violation of a law or

9-36 ordinance governing standing or parking, and may do any or all of the

9-37 following:

9-38 1. Impose a fine. If a fine is imposed, the judge or his authorized

9-39 representative shall impose an administrative assessment pursuant to NRS

9-40 62.223.

9-41 2. Recommend to the department of motor vehicles and public safety

9-42 the suspension of the child’s driver’s license.

9-43 3. Require that the child attend and complete a traffic survival course.

10-1 4. [Order] Except as otherwise provided in section 4 of this act, order

10-2 that the child or his parents pay the reasonable cost of the child’s attending

10-3 the traffic survival course.

10-4 5. Order the child to be placed on a work detail to repay any fine

10-5 imposed.

10-6 6. Order the child placed on probation.

10-7 Sec. 13. NRS 62.2245 is hereby amended to read as follows:

10-8 62.2245 1. If a child is found to have committed an unlawful act in

10-9 which the child damaged or destroyed the property of another person, in

10-10 addition to any action ordered pursuant to the provisions of this chapter,

10-11 the judge [,] or his authorized representative [,] shall order the child to

10-12 provide restitution to the owner of the property.

10-13 2. [If] Except as otherwise provided in section 4 of this act, if the

10-14 child is not able to provide restitution, the judge [,] or his authorized

10-15 representative [,] shall order the parent or guardian of the child to provide

10-16 restitution to the owner of the property, unless the judge [,] or his

10-17 authorized representative [,] determines that extenuating circumstances

10-18 exist.

10-19 3. [If] Except as otherwise provided in section 4 of this act, if the

10-20 child and his parent or guardian are unable to provide restitution because

10-21 of financial hardship, the judge [,] or his authorized representative [,] shall

10-22 order the child or his parent or guardian, or both, to perform community

10-23 service.

10-24 4. The community service must be performed for and under the

10-25 supervising authority of a county, city, town or other political subdivision

10-26 or agency of the State of Nevada or a charitable organization that renders

10-27 service to the community or its residents.

10-28 5. [The judge,] Except as otherwise provided in section 4 of this act,

10-29 the judge or his authorized representative [,] may require the child or his

10-30 parent or guardian, or both, to deposit with the court a reasonable sum of

10-31 money to pay for the cost of a policy for insurance against liability for

10-32 personal injury and damage to property or for industrial insurance, or both,

10-33 during those periods in which the work is performed, unless, in the case of

10-34 industrial insurance, it is provided by the authority for which the work is

10-35 performed.

10-36 6. As used in this section, "property" includes real or personal

10-37 property.

10-38 Sec. 14. NRS 62.2275 is hereby amended to read as follows:

10-39 62.2275 1. If a child within the jurisdiction of the juvenile court is

10-40 found by the juvenile court to have committed the unlawful act of:

10-41 (a) Driving under the influence of intoxicating liquor or a controlled

10-42 substance in violation of NRS 484.379 or 484.3795;

10-43 (b) Using, possessing, selling or distributing a controlled substance; or

11-1 (c) Purchasing, consuming or possessing an alcoholic beverage in

11-2 violation of NRS 202.020,

11-3 the judge [,] or his authorized representative [,] shall require the child to

11-4 undergo an evaluation to determine if the child is an abuser of alcohol or

11-5 other drugs.

11-6 2. The evaluation of a child pursuant to this section:

11-7 (a) Must be conducted by:

11-8 (1) A counselor certified to make that classification by the bureau of

11-9 alcohol and drug abuse;

11-10 (2) A physician certified to make that classification by the board of

11-11 medical examiners; or

11-12 (3) A person who is approved to make that classification by the

11-13 bureau of alcohol and drug abuse,

11-14 who shall report to the judge the results of the evaluation and make a

11-15 recommendation to the judge concerning the length and type of treatment

11-16 required by the child.

11-17 (b) May be conducted at an evaluation center.

11-18 3. The judge shall:

11-19 (a) Order the child to undergo a program of treatment as recommended

11-20 by the person who conducted the evaluation pursuant to subsection 2.

11-21 (b) Require the treatment facility to submit monthly reports on the

11-22 treatment of the child pursuant to this section.

11-23 (c) [Order] Except as otherwise provided in section 4 of this act, order

11-24 the child, if he is at least 18 years of age or an emancipated minor, or the

11-25 parent or legal guardian of the child, to the extent of the financial resources

11-26 of the child or his parent or legal guardian, to pay any charges relating to

11-27 the evaluation and treatment of the child pursuant to this section. If the

11-28 child, or his parent or legal guardian, does not have the financial resources

11-29 to pay all [of] those charges:

11-30 (1) The judge shall, to the extent possible, arrange for the child to

11-31 receive treatment from a treatment facility which receives a sufficient

11-32 amount of federal or state money to offset the remainder of the costs; and

11-33 (2) The judge may order the child to perform supervised work for the

11-34 benefit of the community in lieu of paying the charges relating to his

11-35 evaluation and treatment. The work must be performed for and under the

11-36 supervising authority of a county, city, town or other political subdivision

11-37 or agency of the State of Nevada or a charitable organization that renders

11-38 service to the community or its residents. [The] Except as otherwise

11-39 provided in section 4 of this act, the court may require the child or his

11-40 parent or legal guardian to deposit with the court a reasonable sum of

11-41 money to pay for the cost of policies of insurance against liability for

11-42 personal injury and damage to property or for industrial insurance, or both,

11-43 during those periods in which the child performs the work, unless, in the

12-1 case of industrial insurance, it is provided by the authority for which he

12-2 performs the work.

12-3 4. A treatment facility is not liable for any damages to person or

12-4 property caused by a child who drives while under the influence of an

12-5 intoxicating liquor or a controlled substance after the treatment facility has

12-6 certified to his successful completion of a program of treatment ordered

12-7 pursuant to this section.

12-8 5. The provisions of this section do not prohibit a judge from:

12-9 (a) Requiring an evaluation to be conducted by a person who is

12-10 employed by a private company if the company meets the standards of the

12-11 bureau of alcohol and drug abuse. Such an evaluation may be conducted at

12-12 an evaluation center pursuant to paragraph (b) of subsection 2.

12-13 (b) Ordering the child to attend a program of treatment which is

12-14 administered by a private company.

12-15 6. All information relating to the evaluation or treatment of a child

12-16 pursuant to this section is confidential and, except as otherwise authorized

12-17 by the provisions of this chapter or the juvenile court, must not be

12-18 disclosed to any person other than the juvenile court, the child and his

12-19 attorney, if any, his parents or guardian, the prosecuting attorney and any

12-20 other person for whom the communication of that information is necessary

12-21 to effectuate the evaluation or treatment of the child. A record of any

12-22 finding that a child has violated the provisions of NRS 484.379 or

12-23 484.3795 must be included in the driver’s record of that child for 7 years

12-24 after the date of the offense.

12-25 7. As used in this section:

12-26 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol

12-27 and drug abuse in the rehabilitation division of the department of

12-28 employment, training and rehabilitation.

12-29 (b) "Evaluation center" has the meaning ascribed to it in NRS

12-30 484.3793.

12-31 (c) "Treatment facility" has the meaning ascribed to it in NRS

12-32 484.3793.

12-33 Sec. 15. NRS 62.231 is hereby amended to read as follows:

12-34 62.231 1. The court may cause any child adjudged to be within its

12-35 jurisdiction to be examined by a physician, psychiatrist, psychologist or

12-36 other qualified person.

12-37 2. [Whenever] Except as otherwise provided in section 4 of this act,

12-38 when a child who is within the jurisdiction of the court appears to be in

12-39 need of nursing, medical, surgical or other care, the court may order the

12-40 parent or other person responsible for the care and support of the child to

12-41 provide such care. If the parent or other person fails to provide such care,

12-42 the court may, after due notice, order that the child be provided the care.

12-43 The expense thereof, when approved by the court, is a charge upon the

13-1 county , [;] but the court may adjudge that the person having the duty

13-2 under the law to support the child pay part or all [of] the expenses of such

13-3 care in the manner provided in NRS 62.820.

14-1 Sec. 16. NRS 62.455 is hereby amended to read as follows:

14-2 62.455 1. In addition to the options set forth in NRS 62.211 and

14-3 62.213 and in addition to any other requirements set forth in this chapter, if

14-4 a child is adjudicated delinquent for an act that, if committed by an adult,

14-5 would be a sexual offense, the court shall:

14-6 (a) Place the child under the supervision of a probation officer until the

14-7 child is no longer attending a public school or private school within this

14-8 state.

14-9 (b) Except as otherwise provided in NRS 62.475 and 62.485, prohibit

14-10 the child from attending a public school or private school that a victim of

14-11 the sexual offense is attending.

14-12 (c) Order the parents or guardians of the child to inform the probation

14-13 officer assigned to the child each time the child expects to change the

14-14 public school or private school that he is attending, not later than 20 days

14-15 before the expected date of the change.

14-16 (d) [Order] Except as otherwise provided in section 4 of this act, order

14-17 the parents or guardians of the child, to the extent of their financial ability,

14-18 to reimburse all or part of the additional costs of transporting the child, if

14-19 such costs are incurred by a county school district pursuant to NRS

14-20 392.251 to 392.271, inclusive.

14-21 (e) Inform the parents or guardians of the child of the requirements of

14-22 NRS 62.405 to 62.485, inclusive, 392.251 to 392.271, inclusive, and

14-23 394.162 to 394.167, inclusive.

14-24 2. The court may authorize a superintendent or the executive head of a

14-25 private school who receives notification from a probation officer pursuant

14-26 to NRS 62.465 to inform other appropriate educational personnel that the

14-27 child has been adjudicated delinquent for a sexual offense.

14-28 3. The court may not terminate its jurisdiction concerning the child for

14-29 the purposes of carrying out the provisions of NRS 62.405 to 62.485,

14-30 inclusive, until the child is no longer attending a public school or private

14-31 school within this state.

14-32 Sec. 17. NRS 62.800 is hereby amended to read as follows:

14-33 62.800 1. [When] Except as otherwise provided in section 4 of this

14-34 act, when a child is detained other than pursuant to a court order in a

14-35 facility for the temporary detention of children or other commitment

14-36 facilities administered or financed by the county for the detention of

14-37 children, the board of county commissioners is entitled to collect from the

14-38 parent, parents or guardian of such child all sums of money expended by

14-39 the county for the care and support of the child during the period of his

14-40 detention.

14-41 2. If the parent, parents or guardian fails or refuses so to reimburse the

14-42 county, the board of county commissioners may recover from such parent,

15-1 parents or guardian, by appropriate legal action, all sums of money due

15-2 together with interest thereon at the rate of 7 percent per annum.

15-3 Sec. 18. NRS 62.810 is hereby amended to read as follows:

15-4 62.810 1. [When] Except as otherwise provided in section 4 of this

15-5 act, when a child who is under the jurisdiction of the juvenile division of

15-6 the district court pursuant to this chapter receives ancillary services

15-7 administered or financed by a county, including , but not limited to ,

15-8 transportation or psychiatric, psychological or medical services, the county

15-9 is entitled to be reimbursed for such services from the parent of the child.

15-10 2. The board of county commissioners may adopt a sliding scale for

15-11 determining the amounts to be reimbursed for such services based on the

15-12 ability of the parent to pay, but the district court shall review each case and

15-13 make a finding as to the reasonableness of the charge in relation to the

15-14 parent’s ability to pay.

15-15 3. If the parent refuses or otherwise fails to reimburse the county for

15-16 such services, the board may bring a civil action to recover all money

15-17 owed to it, together with interest thereon at 7 percent per annum

15-18 commencing 30 days after an itemized statement of the charge for such

15-19 services is submitted to the parent.

15-20 Sec. 19. NRS 62.820 is hereby amended to read as follows:

15-21 62.820 1. Whenever a child is committed by the court to custody

15-22 other than that of [its] his parents, and no provision is otherwise made by

15-23 law for the support of the child, compensation for the care of the child

15-24 while in such custody, when approved by order of the court, is a charge

15-25 upon the county where the child has a legal residence. If a female child is

15-26 committed to a private institution within the state, any compensation for

15-27 the care of the child which is not paid by a parent must be paid by the state

15-28 from money budgeted for by and appropriated to the Caliente youth center

15-29 bureau of the division of child and family services of the department of

15-30 human resources. A commitment must not be made to such a private

15-31 institution until the court has ascertained from the superintendent of the

15-32 institution that sufficient money is available for such compensation. This

15-33 subsection does not prohibit the payment of compensation by the Caliente

15-34 youth center bureau from money appropriated for that purpose to schools

15-35 outside the state to which female children are committed pursuant to NRS

15-36 210.580 or placed pursuant to NRS 62.215.

15-37 2. Notwithstanding any other provision [made by] of the law of this

15-38 state for the support of such children, except as otherwise provided in

15-39 section 4 of this act, after the parent has been given a reasonable

15-40 opportunity to be heard, the court may order and decree that the parent

15-41 pay, in such a manner as the court may direct and within the parent’s

15-42 ability to pay, a sum of money to cover in whole or in part the support of

16-1 the child. If the parent willfully fails or refuses to pay the sum, the court

16-2 may proceed against him for contempt of court.

16-3 3. Whenever the court orders the parent or parents of a child to pay for

16-4 the support of a child, as provided in this section, the money must be paid

16-5 to the superintendent or fiscal officer of the institution to which the child is

16-6 committed, or the chief administrative officer of the agency to whom the

16-7 child is committed.

16-8 Sec. 20. NRS 62.830 is hereby amended to read as follows:

16-9 62.830 1. Except as otherwise provided in this subsection, if a child

16-10 is committed to the custody of a regional facility for children, the court

16-11 may order that the expense of the child’s support and maintenance be paid

16-12 by the county of the child’s residence in an amount equal to any money

16-13 paid for that purpose by the division. Such an order may not be entered if

16-14 the county maintains the facility to which the child is committed.

16-15 2. [The] Except as otherwise provided in section 4 of this act, the

16-16 court may order that the parents, guardian or other person liable for the

16-17 support and maintenance of the child reimburse the county in whole or in

16-18 part for the expense of the child’s support and maintenance.

16-19 3. This section does not prohibit the court from providing for the

16-20 support and maintenance of the child in any other manner authorized by

16-21 law.

16-22 4. As used in this section:

16-23 (a) "Division" means the division of child and family services of the

16-24 department of human resources.

16-25 (b) "Regional facility for children" includes:

16-26 (1) The institution in Douglas County known as China Spring Youth

16-27 Camp.

16-28 (2) The institution in Clark County known as Spring Mountain Youth

16-29 Camp.

16-30 (3) Any other institution established and maintained for the care of

16-31 minors adjudged delinquent and committed thereto, except the Nevada

16-32 youth training center and the Caliente youth center.

16-33 Sec. 21. NRS 176.139 is hereby amended to read as follows:

16-34 176.139 1. If a defendant is convicted of a sexual offense, the

16-35 division shall arrange for a psychosexual evaluation of the defendant as

16-36 part of the division’s presentence investigation and report to the court.

16-37 2. The psychosexual evaluation of the defendant must be conducted by

16-38 a person professionally qualified to conduct psychosexual evaluations.

16-39 3. The person who conducts the psychosexual evaluation of the

16-40 defendant must use diagnostic tools that are generally accepted as being

16-41 within the standard of care for the evaluation of sex offenders, and the

16-42 psychosexual evaluation of the defendant must include:

16-43 (a) A comprehensive clinical interview with the defendant;

17-1 (b) A review of all investigative reports relating to the defendant’s

17-2 sexual offense and all statements made by victims of that offense;

17-3 (c) A review of records relating to previous criminal offenses

17-4 committed by the defendant; and

17-5 (d) A review of records relating to previous evaluations and treatment

17-6 of the defendant.

17-7 4. The psychosexual evaluation of the defendant may include:

17-8 (a) A review of the defendant’s records from school;

17-9 (b) Interviews with the defendant’s parents, the defendant’s spouse or

17-10 other persons who may be significantly involved with the defendant or

17-11 who may have relevant information relating to the defendant’s

17-12 background; and

17-13 (c) The use of psychological testing, polygraphic examinations and

17-14 arousal assessment.

17-15 5. The person who conducts the psychosexual evaluation of the

17-16 defendant must be given access to all records of the defendant that are

17-17 necessary to conduct the evaluation, and the defendant shall be deemed to

17-18 have waived all rights of confidentiality and all privileges relating to those

17-19 records for the limited purpose of the evaluation.

17-20 6. The person who conducts the psychosexual evaluation of the

17-21 defendant shall prepare a comprehensive written report of the results of the

17-22 evaluation and [shall] provide a copy of that report to the division.

17-23 7. If a psychosexual evaluation is conducted pursuant to this section,

17-24 the court shall:

17-25 (a) Order the defendant, to the extent of his financial ability, to pay for

17-26 the cost of the psychosexual evaluation; or

17-27 (b) [If] Except as otherwise provided in section 4 of this act, if the

17-28 defendant was less than 18 years of age when the sexual offense was

17-29 committed and the defendant was certified and convicted as an adult, order

17-30 the parents or guardians of the defendant, to the extent of their financial

17-31 ability, to pay for the cost of the psychosexual evaluation. For the purposes

17-32 of this paragraph, the court has jurisdiction over the parents or guardians of

17-33 the defendant to the extent that is necessary to carry out the provisions of

17-34 this paragraph.

17-35 Sec. 22. NRS 206.330 is hereby amended to read as follows:

17-36 206.330 1. Unless a greater criminal penalty is provided by a

17-37 specific statute, a person who places graffiti on or otherwise defaces the

17-38 public or private property, real or personal, of another, without the

17-39 permission of the owner is guilty of a public offense, as prescribed in NRS

17-40 193.155, proportionate to the value of the property damaged or destroyed

17-41 and in no event less than a misdemeanor.

17-42 2. A person who violates subsection 1 shall, in addition to any other

17-43 fine or penalty imposed:

18-1 (a) For the first offense, perform not less than 50 hours, but not more

18-2 than 99 hours, of community service.

18-3 (b) For the second offense, perform not less than 100 hours, but not

18-4 more than 199 hours, of community service.

18-5 (c) For the third and each subsequent offense, perform not less than 200

18-6 hours of community service.

18-7 The community service assigned pursuant to this subsection must, if

18-8 possible, be related to the abatement of graffiti.

18-9 3. Except as otherwise provided in section 4 of this act:

18-10 (a) The parent or legal guardian of a person under the age of 17 years

18-11 who violates this section is liable for all fines and penalties imposed

18-12 against the person.

18-13 (b) If the parent or legal guardian is unable to pay the fine and penalties

18-14 resulting from a violation of this section because of financial hardship, the

18-15 court may require the parent or legal guardian to perform community

18-16 service.

18-17 4. If a person who is 18 years of age or older is found guilty of

18-18 violating this section, the court may issue an order suspending the driver’s

18-19 license of the person for a period not to exceed 6 months in addition to any

18-20 other penalty imposed. If such an order is issued, the court shall require the

18-21 person to surrender all driver’s licenses then held by the person. If the

18-22 person does not possess a driver’s license, the court may issue an order

18-23 prohibiting the person from applying for a driver’s license within the 6

18-24 months immediately following the date of the order. The court shall, within

18-25 5 days after issuing the order, forward to the department of motor vehicles

18-26 and public safety any licenses together with a copy of the order.

18-27 5. The department of motor vehicles and public safety:

18-28 (a) Shall not treat a violation of this section in the manner statutorily

18-29 required for a moving traffic violation.

18-30 (b) Shall report the suspension of a driver’s license pursuant to this

18-31 section to an insurance company or its agent inquiring about the person’s

18-32 driving record. An insurance company shall not use any information

18-33 obtained pursuant to this paragraph for purposes related to establishing

18-34 premium rates or determining whether to underwrite the insurance.

18-35 6. A criminal penalty imposed pursuant to this section is in addition to

18-36 any civil penalty or other remedy available pursuant to another statute for

18-37 the same conduct.

18-38 Sec. 23. NRS 210.180 is hereby amended to read as follows:

18-39 210.180 1. A court may commit to the school, and the administrator

18-40 may place in the school, any person between the ages of 12 and 18 years

18-41 who is found to be delinquent. Before any person is conveyed to the

18-42 school, the superintendent shall determine whether adequate facilities are

18-43 available to provide the necessary care to the person. The superintendent

19-1 shall fix the time at which the person must be delivered to the school. The

19-2 superintendent shall accept the person unless:

19-3 (a) There are not adequate facilities available to provide the necessary

19-4 care;

19-5 (b) There is not adequate money available for the support of the school;

19-6 or

19-7 (c) In the opinion of the superintendent, the person is not suitable for

19-8 admission to the school.

19-9 2. [The] Except as otherwise provided in section 4 of this act, the

19-10 court may order, when committing a person to the care, custody and

19-11 control of the school, that the expense of his support and maintenance be

19-12 paid in whole or in part by his parents, guardian or other person liable for

19-13 his support and maintenance. Such payments must be paid to the

19-14 administrator, who shall immediately deposit the money with the state

19-15 treasurer for credit to a separate account in the state general fund for

19-16 expenditure by the administrator to carry out the powers and duties of the

19-17 administrator and the division of child and family services of the

19-18 department of human resources.

19-19 3. The court shall order, before commitment, that the person be given

19-20 a physical examination, which includes a blood test, test for tuberculosis,

19-21 urinalysis and an examination for venereal disease, by a physician. The

19-22 physician shall, within 5 days after the examination, make a written report

19-23 of the results thereof to the clerk of the juvenile court, if there is one, and

19-24 otherwise to the county clerk of the county wherein the commitment was

19-25 ordered. Upon receipt of the written report, the county auditor shall allow a

19-26 claim for payment to the physician for the examination. The clerk of the

19-27 juvenile court or the county clerk, as the case may be, shall immediately

19-28 forward a copy of the written report to the superintendent.

19-29 Sec. 24. NRS 210.580 is hereby amended to read as follows:

19-30 210.580 1. A court may commit to the school, and the administrator

19-31 may place in the school, any person between the ages of 12 and 18 years

19-32 who is found to be delinquent. Before any person is conveyed to the

19-33 school, the superintendent shall determine whether adequate facilities are

19-34 available to provide the necessary care to the person. The superintendent

19-35 shall fix the time at which the person must be delivered to the school. The

19-36 superintendent shall accept the person unless:

19-37 (a) There are not adequate facilities available to provide the necessary

19-38 care;

19-39 (b) There is not adequate money available for the support of the school;

19-40 or

19-41 (c) In the opinion of the superintendent, the person is not suitable for

19-42 admission to the school.

20-1 Upon the written request of the superintendent, at any time either before or

20-2 after commitment to the school, the court may order commitment to a

20-3 school outside of the State of Nevada which is approved by the board, or to

20-4 a private institution within the State of Nevada.

20-5 2. [The] Except as otherwise provided in section 4 of this act, the

20-6 court may order, when committing a person to the care, custody and

20-7 control of the school, that the expense of his support and maintenance be

20-8 paid in whole or in part by his parents, guardian or other person liable for

20-9 his support and maintenance. Such payments must be paid to the

20-10 administrator, who shall immediately deposit the money with the state

20-11 treasurer for credit to a separate account in the state general fund for

20-12 expenditure by the administrator to carry out the powers and duties of the

20-13 administrator and the division of child and family services of the

20-14 department of human resources.

20-15 3. The court shall order, before commitment, that the person be given

20-16 a physical examination, which includes a blood test, test for tuberculosis,

20-17 urinalysis, and an examination for venereal disease by a physician. The

20-18 physician shall, within 5 days after the examination, make a written report

20-19 of the results thereof to the clerk of the juvenile court, if there is one, and

20-20 otherwise to the county clerk of the county wherein the commitment was

20-21 ordered. Upon receipt of the written report, the county auditor shall allow a

20-22 claim for payment to the physician for the examination. The clerk of the

20-23 juvenile court or the county clerk, as the case may be, shall immediately

20-24 forward a copy of the written report to the superintendent.

20-25 Sec. 25. NRS 379.160 is hereby amended to read as follows:

20-26 379.160 1. Any person who willfully detains any book, newspaper,

20-27 magazine, pamphlet, manuscript, filmstrip or other property of any public

20-28 library or reading room for more than 30 days after receipt of written

20-29 notice demanding the return of any such article or property shall be

20-30 punished by a fine of not more than $500.

20-31 2. Any person who willfully cuts, tears, defaces, breaks or injures any

20-32 book, map, chart, picture, engraving, statue, coin, model, apparatus or

20-33 other work of literature, art, mechanics or object of curiosity deposited in

20-34 any public library or reading room shall be punished by a fine of not more

20-35 than $500.

20-36 3. [The] Except as otherwise provided in section 4 of this act, the

20-37 parent or guardian of a minor who willfully and maliciously commits any

20-38 acts within the scope of subsection 1 or 2 is liable for all damages so

20-39 caused by the minor.

20-40 Sec. 26. NRS 392.210 is hereby amended to read as follows:

20-41 392.210 [Any]

20-42 1. Except as otherwise provided in subsection 2, a parent, guardian or

20-43 other person who has control or charge of any child and to whom notice

21-1 has been given of the child’s truancy as provided in NRS 392.130 and

21-2 392.140, and who fails to prevent the child’s subsequent truancy within

21-3 that school year, is guilty of a misdemeanor.

21-4 2. A person who is licensed by the division of child and family

21-5 services of the department of human resources pursuant to NRS 424.030

21-6 to conduct a family foster home or group foster home is liable pursuant

21-7 to subsection 1 for a child in his foster care only if the person has

21-8 received notice of the truancy of the child as provided in NRS 392.130

21-9 and 392.140, and negligently fails to prevent the subsequent truancy of

21-10 the child within that school year.

21-11 Sec. 27. NRS 393.170 is hereby amended to read as follows:

21-12 393.170 1. The board of trustees of a school district shall purchase

21-13 all new library books and supplies, all new textbooks and supplementary

21-14 schoolbooks which are necessary and have been approved by the state

21-15 board , [of education,] and school supplies necessary to carry out the

21-16 mandates of the school curriculum to be used by the pupils of the school

21-17 district. The cost of the books and supplies is a legal charge against the

21-18 school district fund.

21-19 2. All books purchased by the board of trustees must be held as

21-20 property of the school district, and must be loaned to the pupils of the

21-21 school in the school district while pursuing a course of study therein.

21-22 3. [The] Except as otherwise provided in section 4 of this act, the

21-23 parents and guardians of pupils are responsible for all books and any and

21-24 all other material or equipment loaned to the children in their charge, and

21-25 shall pay to the clerk of the board of trustees, or to any other person

21-26 authorized by the board to receive the same, the full purchase price of all

21-27 such books, material or equipment destroyed, lost or so damaged as to

21-28 make them unfit for use by other pupils succeeding to their classes. The

21-29 board of trustees shall establish reasonable rules and regulations governing

21-30 the care and custody of such school property, and for the payment of fines

21-31 for damage thereto.

21-32 4. Equipment and materials for use in manual training, industrial

21-33 training and teaching domestic science may be supplied to the pupils in the

21-34 same manner, out of the same fund, and on the same terms and conditions

21-35 as books. No private ownership may be acquired in such equipment or

21-36 material, unless sold in the manner prescribed by law when such

21-37 equipment or material are no longer used or required for the schools of the

21-38 school district.

21-39 5. Authorized supplementary books and desk books for the use of

21-40 teachers must be purchased under NRS 393.160 to 393.210, inclusive, and

21-41 remain the property of the school district for which they were purchased,

21-42 unless sold in accordance with the provisions of this chapter.

22-1 6. The clerk of the board of trustees shall turn over to the county

22-2 treasurer, within 30 days after receiving it, all money [,] collected under

22-3 the provisions of this section, and the money must be credited to the school

22-4 district fund.

22-5 7. Any person violating any of the provisions of this section is guilty

22-6 of a misdemeanor.

22-7 Sec. 28. NRS 433.404 is hereby amended to read as follows:

22-8 433.404 1. The division shall establish a fee schedule for services

22-9 rendered through any program supported by the state pursuant to the

22-10 provisions of [chapters 433 to 436, inclusive,] chapter 433, 433A, 435 or

22-11 436 of NRS. The schedule must be submitted to the commission and the

22-12 director of the department for joint approval before enforcement. The fees

22-13 collected by facilities operated by the division pursuant to this schedule

22-14 must be deposited in the state treasury to the credit of the state general

22-15 fund, except as otherwise provided in NRS 433.354 for fees collected

22-16 pursuant to contract or agreement and in NRS 435.120 for fees collected

22-17 for services to mentally retarded clients.

22-18 2. For a facility providing services for the treatment of the mentally ill

22-19 or mentally retarded, the fee established must approximate the cost of

22-20 providing the service, but , except as otherwise provided in NRS 433A.610

22-21 and 436.310 and section 33 of this act, if a client is unable to pay in full

22-22 the fee established pursuant to this section, the division may collect any

22-23 amount the client is able to pay.

22-24 Sec. 29. NRS 433A.610 is hereby amended to read as follows:

22-25 433A.610 1. [When] Except as otherwise provided in subsection 2,

22-26 when a person is admitted to a division facility or hospital under one of the

22-27 various forms of admission prescribed by law, the parent or legal guardian

22-28 of a mentally ill person who is a minor or the husband or wife of a

22-29 mentally ill person, if of sufficient ability, and the estate of the mentally ill

22-30 person, if the estate is sufficient for the purpose, shall pay the cost of the

22-31 maintenance of the mentally ill [person’s maintenance,] person, including

22-32 treatment and surgical operations, in any hospital in which the person is

22-33 hospitalized under the provisions of this chapter:

22-34 (a) To the administrative officer if the person is admitted to a division

22-35 facility; or

22-36 (b) In all other cases, to the hospital rendering the service.

22-37 2. Except as otherwise provided in NRS 432B.560 or pursuant to an

22-38 agreement with a person who is licensed by the division of child and

22-39 family services of the department pursuant to NRS 424.030 to conduct a

22-40 family foster home or group foster home, such a person is not liable for

22-41 the cost of any services provided pursuant to this chapter or chapter 433B

22-42 of NRS to a child in his foster care. The provisions of this subsection do

22-43 not require the provision of any services to a foster child.

23-1 3. If a person or an estate liable for the care, maintenance and support

23-2 of a committed person neglects or refuses to pay the administrative officer

23-3 or the hospital rendering the service, the state is entitled to recover, by

23-4 appropriate legal action, all money owed to a division facility or which the

23-5 state has paid to a hospital for the care of a committed person, plus interest

23-6 at the rate established pursuant to NRS 99.040.

23-7 Sec. 30. NRS 433A.660 is hereby amended to read as follows:

23-8 433A.660 1. [If] Except as otherwise provided in NRS 433A.610, if

23-9 the client, his responsible relative pursuant to NRS 433A.610, or his

23-10 guardian or [the] estate neglects or refuses to pay the cost of treatment to

23-11 the division facility rendering service pursuant to the fee schedule

23-12 established under NRS 433.404 or 433B.250, as appropriate, the state is

23-13 entitled to recover by appropriate legal action all sums due, plus interest.

23-14 2. Before initiating such legal action, the division facility shall

23-15 demonstrate efforts at collection, which may include contractual

23-16 arrangements for collection through a private collection agency.

23-17 Sec. 31. NRS 433A.680 is hereby amended to read as follows:

23-18 433A.680 [The] Except as otherwise provided in NRS 433A.610, the

23-19 expense of diagnostic, medical and surgical services furnished to a client

23-20 admitted to a division facility by a person not on the staff of the facility,

23-21 whether rendered while the client is in a general hospital, an outpatient of a

23-22 general hospital or treated outside any hospital, must be paid by the client,

23-23 the guardian or relatives responsible pursuant to NRS 433A.610 for his

23-24 care. In the case of an indigent client or a client whose estate is inadequate

23-25 to pay the expenses, the expenses must be charged to the county from

23-26 which the admission to the division facility was made, if the client had,

23-27 before admission, been a resident of that county. The expense of such

23-28 diagnostic, medical and surgical services must not in any case be a charge

23-29 against or paid by the State of Nevada, except when in the opinion of the

23-30 administrative officer of the division mental health facility to which the

23-31 client is admitted payment should be made for nonresident indigent clients

23-32 and money is authorized pursuant to NRS 433.374 or 433B.230 and the

23-33 money is authorized in approved budgets.

23-34 Sec. 32. NRS 433B.250 is hereby amended to read as follows:

23-35 433B.250 1. The division shall establish a fee schedule for services

23-36 rendered through any program supported by the state pursuant to the

23-37 provisions of this chapter. The schedule must be submitted to the

23-38 commission and the director of the department for joint approval before

23-39 enforcement. The fees collected by facilities operated by the division

23-40 pursuant to this schedule must be deposited in the state treasury to the

23-41 credit of the state general fund, except as otherwise provided in NRS

23-42 433B.220 for fees collected pursuant to contract or agreement.

24-1 2. For a facility providing services for the treatment of mentally ill

24-2 children, the fee established must approximate the cost of providing the

24-3 service, but , except as otherwise provided in NRS 433A.610, if a client, or

24-4 the parent or legal guardian of the client, is unable to pay in full the fee

24-5 established pursuant to this section, the division may collect any amount

24-6 the client, parent or legal guardian is able to pay.

24-7 Sec. 33. Chapter 435 of NRS is hereby amended by adding thereto a

24-8 new section to read as follows:

24-9 1. Except as otherwise provided in NRS 432B.560 and 435.040 or

24-10 pursuant to an agreement with a person who is licensed by the division of

24-11 child and family services of the department pursuant to NRS 424.030 to

24-12 conduct a family foster home or group foster home, such a person is not

24-13 liable for the cost of any services provided pursuant to this chapter to a

24-14 child in his foster care.

24-15 2. The provisions of subsection 1 do not require the provision of any

24-16 services to a foster child.

24-17 Sec. 34. NRS 435.085 is hereby amended to read as follows:

24-18 435.085 The administrative officer of a division facility may authorize

24-19 the transfer of a mentally retarded person to a general hospital for

24-20 necessary diagnostic, medical or surgical services not available within the

24-21 division. [All] Except as otherwise provided in section 33 of this act, all

24-22 expenses incurred under this section [shall] must be paid as follows:

24-23 1. In the case of a judicially committed mentally retarded person, such

24-24 expenses [shall] must be paid by his parents or guardian to the extent of

24-25 their reasonable financial ability as determined by the administrator, and

24-26 the remainder, if any, [shall be a charge upon] must be paid by the county

24-27 of the mentally retarded person’s last known residence;

24-28 2. In the case of a mentally retarded person admitted to a division

24-29 facility pursuant to NRS 435.010, 435.020 and 435.030, such expenses

24-30 [shall be a charge upon] must be paid by the county from which a

24-31 certificate was issued pursuant to subsection 2 of NRS 435.030; and

24-32 3. In the case of a mentally retarded person admitted to a division

24-33 facility upon voluntary application as provided in NRS 435.081, such

24-34 expenses [shall] must be paid by the parents or guardian to the extent of

24-35 their reasonable financial ability as determined by the administrator, and

24-36 for the remainder, if any, the administrator shall explore all reasonable

24-37 alternative sources of payment.

24-38 Sec. 35. NRS 435.090 is hereby amended to read as follows:

24-39 435.090 Except as otherwise provided in section 33 of this act:

24-40 1. When any mentally retarded child is committed to a division facility

24-41 by a court of competent jurisdiction, the court shall examine the parent,

24-42 parents or guardian of [such] the child regarding the ability of [such] the

24-43 parent, parents or guardian or the estate of the child to contribute to the

25-1 care, support and maintenance of [such] the child while residing in [such]

25-2 the facility.

25-3 2. If the court determines that the parent, parents or guardian of the

25-4 child is able to contribute, it shall enter an order prescribing the amount to

25-5 be contributed.

25-6 3. If the court determines that the estate of the child is able to

25-7 contribute, it shall enter an order requiring that a guardian of the estate of

25-8 the child be appointed, if there is none, and that the guardian of the estate

25-9 contribute the amount prescribed by the court from [such] the estate.

25-10 4. If the parent, parents or guardian fail or refuse to comply with the

25-11 order of the court, the division is entitled to recover from the parent,

25-12 parents or guardian, by appropriate legal action, all sums due together with

25-13 interest.

25-14 Sec. 36. NRS 435.100 is hereby amended to read as follows:

25-15 435.100 1. When any mentally retarded person is transferred from

25-16 one care facility operated by the division to another care facility operated

25-17 by the division, the parent, parents or guardian shall continue to contribute

25-18 such amount for the care, support and maintenance of such person as may

25-19 have previously been ordered by the court of competent jurisdiction

25-20 committing such person.

25-21 2. [If] Except as otherwise provided in section 33 of this act, if no

25-22 such order was entered by the committing court, the division may petition

25-23 [such] the court for an order requiring the parent, parents or guardian to

25-24 contribute.

25-25 3. Any order for contribution entered under the provisions of

25-26 subsection 2 [shall] must be entered in the same manner and [have] has the

25-27 same effect as an order for contribution entered under the provisions of

25-28 NRS 435.090.

25-29 Sec. 37. NRS 436.310 is hereby amended to read as follows:

25-30 436.310 [Fees]

25-31 1. Except as otherwise provided in subsection 2, fees for mental

25-32 health services, including services to the mentally retarded, rendered

25-33 pursuant to an approved county plan [shall] must be charged in accordance

25-34 with ability to pay, but not in excess of actual cost.

25-35 2. Except as otherwise provided pursuant to an agreement with a

25-36 person who is licensed by the division of child and family services of the

25-37 department pursuant to NRS 424.030 to conduct a family foster home or

25-38 group foster home, such a person is not liable for the cost of any services

25-39 provided pursuant to this chapter to a child in his foster care. The

25-40 provisions of this subsection do not require the provision of any services

25-41 to a foster child.

26-1 Sec. 38. NRS 597.870 is hereby amended to read as follows:

26-2 597.870 1. [The] Except as otherwise provided in section 4 of this

26-3 act, the parent or legal guardian, as the case may be, of a minor who steals

26-4 merchandise from, or damages property on, a merchant’s premises is

26-5 civilly liable for:

26-6 (a) The retail value of the merchandise; and

26-7 (b) The fair market value of the damaged property,

26-8 plus damages of not less than $100 nor more than $250, costs of suit and

26-9 reasonable attorney’s fees. An action may be brought even if there has

26-10 been no criminal conviction for the theft or damage. [Recovery] Except as

26-11 otherwise provided in section 4 of this act, recovery under this section

26-12 may be had in addition to, and is not limited by, any other provision of law

26-13 which limits the liability of a parent or legal guardian for the tortious

26-14 conduct of a minor.

26-15 2. An action under this section may be brought as a small claim in a

26-16 justice’s court if the total amount sought does not exceed the statutory limit

26-17 for such a claim.

26-18 Sec. 39. The amendatory provisions of this act do not affect any

26-19 liability of a person incurred:

26-20 1. Before October 1, 1999; or

26-21 2. As a result of any act committed by a child before October 1, 1999.

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