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.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
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: 422.310 1. Spouse for spouse and , except as otherwise provided in1-3
subsection 2, parents for minor children are liable for the support of an1-4
applicant for or recipient of public assistance.1-5
2. The provisions of subsection 1 do not impose any liability upon a1-6
person who is licensed by the division of child and family services of the1-7
department pursuant to NRS 424.030 to conduct a family foster home or1-8
group foster home, for the support of a child in his foster care.1-9
3. The welfare division shall investigate the ability of responsible1-10
relatives to contribute to the support of an applicant for or recipient of1-11
public assistance and shall determine the amount of such support for which1-12
such relative is responsible.1-13
Sec. 2. NRS 422.3752 is hereby amended to read as follows: 422.3752 1.1-15
chief of the program for the enforcement of child support of the welfare1-16
division or his designee may enforce a court order for the support of a1-17
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 both2-2
less than 18 years of age; and2-3
(b) The custodial parent of the child is a member of a household that is2-4
receiving benefits.2-5
2. The provisions of subsection 1 do not authorize the enforcement2-6
against a person who is licensed by the division of child and family2-7
services of the department pursuant to NRS 424.030 to conduct a family2-8
foster home or group foster home, of a court order for the support of a2-9
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 parents2-11
of a noncustodial parent pursuant to subsection 1, the parents of the2-12
noncustodial parent are jointly and severally liable for the payments2-13
required pursuant to the order.2-14
Sec. 3. NRS 423.210 is hereby amended to read as follows: 423.210 1. A child other than an orphan must be admitted to the2-16
northern Nevada children’s home or the southern Nevada children’s home2-17
when committed by the district court of the county in which such child2-18
resides as a dependent child.2-19
2. The county from which the child was committed shall pay to the2-20
superintendent the sum of $200 monthly for the care and support of each2-21
child committed. The superintendent shall deposit all money collected2-22
pursuant to this subsection in the state general fund for credit to the2-23
appropriate operating account. Except as otherwise provided in subsection2-24
32-25
parent or parents of the child to reimburse the county the sum of $200 per2-26
month for the care and support of the child.2-27
3.2-28
appears to the district court that the parent or parents are unable to pay2-29
$200 per month, the order must require the payment of such lesser amount2-30
as may be found to be reasonable2-31
unable to pay anything, the order must provide that no such payments are2-32
required.2-33
4. If the parent or parents fail or refuse to comply with the order of the2-34
court, the county where the child was committed shall thereupon be2-35
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 per2-37
annum.2-38
5. The board of county commissioners of the county from which the2-39
child was committed shall advise the district attorney of the county of the2-40
failure of a parent or parents to make the support payments required by the2-41
court order and the district attorney shall cause appropriate legal action to2-42
be taken to collect the payments, together with interest thereon at the rate2-43
of 7 percent per annum.3-1
6. When any parent of a child committed pursuant to this section fails3-2
to pay the amount ordered for support or, if no support be ordered, fails to3-3
make any contribution for support, for a period of 1 year, that failure is3-4
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 a3-6
new section to read as follows:3-7
1. Except as otherwise provided by specific statute, a person who is3-8
licensed by the division pursuant to NRS 424.030 to conduct a family3-9
foster home or group foster home is not liable for:3-10
(a) Any act of a child in his foster care; or3-11
(b) The care, support and maintenance of a child in his foster care3-12
who is placed in the custody of any other person or governmental entity3-13
as a result of any act of the child,3-14
unless the person licensed by the division took an affirmative action that3-15
contributed to the act of the child.3-16
2. The immunity from liability provided pursuant to this section3-17
includes, without limitation, immunity from any fine, penalty, debt or3-18
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: 424.090 The provisions of NRS 424.010 to 424.100, inclusive, and3-21
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 an3-23
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 educational3-27
facilities that are not available in his home community.3-28
5. Any child or children are received, cared for and maintained3-29
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: 425.3822 1.3-33
there is no court order concerning the support of a child entered against the3-34
parent from whom support is sought, the chief may issue a notice and3-35
finding of financial responsibility after the division:3-36
(a) Makes a payment of public assistance; or3-37
(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 prescribed3-39
for service of summons in a civil action or by certified mail, restricted3-40
delivery, with return receipt requested.3-41
3. The provisions of subsection 1 do not authorize the chief to issue a3-42
notice and finding of financial responsibility against a person who is3-43
licensed by the division of child and family services of the department of4-1
human resources pursuant to NRS 424.030 to conduct a family foster4-2
home or group foster home, for the support of a child in the foster care4-3
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: 432.085 1.4-6
act, the parents of a child placed in the custody of the division pursuant to4-7
the provisions of NRS 62.880 or 432.010 to 432.085, inclusive, or chapter4-8
432B of NRS are liable to the division for the cost of maintenance and4-9
special services provided to the child.4-10
2. The division shall, in accordance with NRS 232.464, establish4-11
reasonable schedules for the repayment of money owed by parents4-12
pursuant to subsection 1.4-13
3. The division may waive all or any part of the amount due pursuant4-14
to this section if it determines that the parents of the child do not have the4-15
ability to pay the amount.4-16
4. If a parent refuses to pay the division for money owed under this4-17
section, the division may bring a civil action to recover all money owed4-18
with interest thereon at the rate of 7 percent per year commencing 30 days4-19
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 with4-21
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: 41.470 1.4-24
act, any act of willful misconduct of a minor which results in any injury or4-25
death to another person or injury to the private property of another or to4-26
public property is imputed to the parents or guardian having custody and4-27
control of the minor for all purposes of civil damages, and the parents or4-28
guardian having custody or control are jointly and severally liable with the4-29
minor for all damages resulting from the willful misconduct.4-30
2. The joint and several liability of one or both parents or guardian4-31
having custody or control of a minor under this section4-32
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 other4-34
liability4-35
Sec. 9. NRS 62.085 is hereby amended to read as follows: 62.085 1. If a child is alleged to be delinquent or in need of4-37
supervision, the child and his parents, guardian or custodian must be4-38
advised by the court or its representative that the child is entitled to be4-39
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 the4-41
appointment of an attorney to represent the child pursuant to the provisions4-42
in NRS 171.188. If not indigent and:4-43
(a) An attorney is not retained for the child; or5-1
(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
2.5-4
attorney is appointed to represent a child5-5
(a) The parents of that child shall pay the reasonable fees and expenses5-6
of the attorney unless they are indigent5-7
(b) If the parents of the child are indigent, the court may require the5-8
parent, guardian or custodian of the child to reimburse the county or state5-9
in accordance with his ability to pay.5-10
3. The parent, guardian or custodian may be represented by an5-11
attorney at all stages of the proceedings. In no case may an attorney be5-12
appointed for him unless the court makes written findings that such an5-13
appointment is required in the interest of justice and specifying the reasons5-14
thereof.5-15
4. Each attorney, other than a public defender,5-16
provisions of this section5-17
expenses from the county as provided in NRS 7.125 and 7.135 for5-18
attorneys appointed to represent persons charged with crimes.5-19
Sec. 10. NRS 62.211 is hereby amended to read as follows: 62.211 1. Except as otherwise provided in NRS 62.212, 62.224 and5-21
62.2245, if the court finds that a child is within the purview of this chapter5-22
it shall so decree and may:5-23
(a) Place the child under supervision in his own home or in the custody5-24
of a suitable person elsewhere, upon such conditions as the court may5-25
determine. A program of supervision in the home may include electronic5-26
surveillance of the child. The legislature declares that a program of5-27
supervision that includes electronic surveillance is intended as an5-28
alternative to commitment and not as an alternative to probation, informal5-29
supervision or a supervision and consent decree.5-30
(b) Commit the child to the custody of a public or private institution or5-31
agency authorized to care for children, or place him in a home with a5-32
family. In committing a child to a private institution or agency the court5-33
shall select one that is required to be licensed by the department of human5-34
resources to care for such children5-35
another state, by the analogous department of that state. The court shall not5-36
commit a female child to a private institution without the prior approval of5-37
the superintendent of the Caliente youth center, and shall not commit a5-38
male child to a private institution without the prior approval of the5-39
superintendent of the Nevada youth training center.5-40
(c) Order such medical, psychiatric, psychological or other care and5-41
treatment as the court deems to be for the best interests of the child, except5-42
as otherwise provided in this section.6-1
(d) Order the parent, guardian, custodian or any other person to refrain6-2
from continuing the conduct which, in the opinion of the court, has caused6-3
or tended to cause the child to come within or remain under the provisions6-4
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; and6-7
(2) Any brother, sister or other person who is living in the same6-8
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 or6-11
substance abuse, or techniques of dispute resolution.6-12
(f)6-13
the parent or guardian of the child to participate in a program designed to6-14
provide restitution to the victim of an act committed by the child or to6-15
perform public service.6-16
(g)6-17
the parent or guardian of the child to pay all or part of the cost of the6-18
proceedings, including, but not limited to, reasonable attorney’s fees, any6-19
costs incurred by the court and any costs incurred in the investigation of an6-20
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 906-22
days but not more than 2 years. If the child does not possess a driver’s6-23
license, the court may prohibit the child from receiving a driver’s license6-24
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 eligible6-26
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 child6-30
pursuant to this paragraph, the judge shall require the child to surrender to6-31
the court all driver’s licenses then held by the child. The court shall, within6-32
5 days after issuing the order, forward to the department of motor vehicles6-33
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 of6-35
a child to receive a driver’s license, the court shall, within 5 days after6-36
issuing the order, forward to the department of motor vehicles and public6-37
safety a copy of the order. The department of motor vehicles and public6-38
safety shall report a suspension pursuant to this paragraph to an insurance6-39
company or its agent inquiring about the child’s driving record, but such a6-40
suspension must not be considered for the purpose of rating or6-41
underwriting. The department of motor vehicles and public safety shall not6-42
require the child to submit to the tests and other requirements which are6-43
adopted by regulation pursuant to subsection 1 of NRS 483.495 as a7-1
condition of reinstatement or reissuance after a suspension of his license7-2
pursuant to this paragraph, unless the suspension resulted from his poor7-3
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; or7-7
(3) A private nonprofit organization to perform other public service.7-8
The person under whose supervision the child is placed shall keep the child7-9
busy and well supervised and shall make such reports to the court as it may7-10
require.7-11
condition of such a placement, the court may require the child or his parent7-12
or guardian to deposit with the court a reasonable sum of money to pay for7-13
the cost of policies of insurance against liability for personal injury and7-14
damage to property or for industrial insurance, or both, during those7-15
periods in which he performs the work, unless, in the case of industrial7-16
insurance, it is provided by the organization or agency for which he7-17
performs the work.7-18
(j) Permit the child to reside in a residence without the immediate7-19
supervision of an adult, or exempt the child from mandatory attendance at7-20
school so that the child may be employed full time, or both, if the child is7-21
at least 16 years of age, has demonstrated the capacity to benefit from this7-22
placement or exemption and is under the strict supervision of the juvenile7-23
division.7-24
(k) Require the child to provide restitution to the victim of the crime7-25
which the child has committed.7-26
(l) Impose a fine on the child. If a fine is imposed, the court shall7-27
impose an administrative assessment pursuant to NRS 62.223.7-28
(m) If the child has not previously been found to be within the purview7-29
of this chapter and if the act for which the child is found to be within the7-30
purview of this chapter did not involve the use or threatened use of force or7-31
violence, order the child to participate in a publicly or privately operated7-32
program of sports or physical fitness. If the court orders the child to7-33
participate in such a program, the court may order any or all of the7-34
following, in the following order of priority if practicable:7-35
(1)7-36
parent or guardian of the child, to the extent of his financial ability, to pay7-37
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 cost7-39
of policies of insurance against liability for personal injury and damage to7-40
property during those periods in which the child participates in the7-41
program;8-1
(2) The child to work on projects or perform public service pursuant8-2
to paragraph (i) for a period that reflects the costs associated with the8-3
participation of the child in the program; or8-4
(3) The county in which the petition alleging the child to be8-5
delinquent or in need of supervision is filed to pay the costs associated8-6
with the participation of the child in the program.8-7
2.8-8
court finds that a child who is less than 17 years of age has committed a8-9
delinquent act8-10
(a) The court may order the parent or guardian of the child to pay any8-11
fines and penalties imposed for the delinquent act8-12
(b) If the parent or guardian is unable to pay the fines and penalties8-13
imposed because of financial hardship, the court may require the parent or8-14
guardian to perform community service.8-15
3. In determining the appropriate disposition of a case concerning a8-16
child found to be within the purview of this chapter, the court shall8-17
consider whether the act committed by the child involved the use of a8-18
firearm or the use or threatened use of force or violence against the victim8-19
of the act and whether the child is a serious or chronic offender. If the8-20
court finds that the act committed by the child involved the use of a8-21
firearm or the use or threatened use of force or violence against the victim8-22
or that the child is a serious or chronic offender, the court shall include the8-23
finding in its order and may, in addition to the options set forth in8-24
subsections 1 and 2 of this section and NRS 62.213:8-25
(a) Commit the child for confinement in a secure facility, including a8-26
facility which is secured by its staff.8-27
(b) Impose any other punitive measures the court determines to be in8-28
the best interests of the public or the child.8-29
4. Except as otherwise provided in NRS 62.455 and 62.570, at any8-30
time, either on its own volition or for good cause shown, the court may8-31
terminate its jurisdiction concerning the child.8-32
5. Whenever the court commits a child to any institution or agency8-33
pursuant to this section or NRS 62.213, it shall transmit a summary of its8-34
information concerning the child and order the administrator of the school8-35
that the child last attended to transmit a copy of the child’s educational8-36
records to the institution or agency. The institution or agency shall give to8-37
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 in8-39
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 of8-41
consanguinity to the child whom the court finds suitable and able to8-42
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 older9-2
is:9-3
(a) Delinquent;9-4
(b) In need of placement in a correctional or institutional facility; and9-5
(c) In need of residential psychiatric services or other residential9-6
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 NRS9-8
62.211, commit the child to the custody of the division of child and family9-9
services of the department of human resources for suitable placement by9-10
the division pursuant to NRS 62.215.9-11
2.9-12
court may order, when committing a child to the custody of the division of9-13
child and family services pursuant to this section, that the expense of his9-14
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. Those9-16
payments must be paid to the administrator of the division of child and9-17
family services, who shall immediately deposit the money with the state9-18
treasurer for credit to a separate account in the state general fund for9-19
expenditure by the administrator to carry out the powers and duties of the9-20
administrator and the division of child and family services.9-21
3. The court shall order, before committing a child to the custody of9-22
the division of child and family services pursuant to this section, that the9-23
child be given a physical examination, which includes a blood test, test for9-24
tuberculosis, urinalysis and examination for venereal disease, by a9-25
physician. The physician shall, within 5 days after the examination, make a9-26
written report of the results thereof to the clerk of the court. Upon receipt9-27
of the written report, the county auditor shall allow a claim for payment to9-28
the physician for the examination. The clerk of the court shall immediately9-29
forward a copy of the written report to the administrator of the division of9-30
child and family services.9-31
Sec. 12. NRS 62.221 is hereby amended to read as follows: 62.221 Whenever any child is found to have committed a minor traffic9-33
offense, the judge9-34
the department of motor vehicles and public safety, in the form required by9-35
NRS 483.450, a record of the violation, other than a violation of a law or9-36
ordinance governing standing or parking, and may do any or all of the9-37
following:9-38
1. Impose a fine. If a fine is imposed, the judge or his authorized9-39
representative shall impose an administrative assessment pursuant to NRS9-40
62.223.9-41
2. Recommend to the department of motor vehicles and public safety9-42
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
4.10-2
that the child or his parents pay the reasonable cost of the child’s attending10-3
the traffic survival course.10-4
5. Order the child to be placed on a work detail to repay any fine10-5
imposed.10-6
6. Order the child placed on probation.10-7
Sec. 13. NRS 62.2245 is hereby amended to read as follows: 62.2245 1. If a child is found to have committed an unlawful act in10-9
which the child damaged or destroyed the property of another person, in10-10
addition to any action ordered pursuant to the provisions of this chapter,10-11
the judge10-12
provide restitution to the owner of the property.10-13
2.10-14
child is not able to provide restitution, the judge10-15
representative10-16
restitution to the owner of the property, unless the judge10-17
authorized representative10-18
exist.10-19
3.10-20
child and his parent or guardian are unable to provide restitution because10-21
of financial hardship, the judge10-22
order the child or his parent or guardian, or both, to perform community10-23
service.10-24
4. The community service must be performed for and under the10-25
supervising authority of a county, city, town or other political subdivision10-26
or agency of the State of Nevada or a charitable organization that renders10-27
service to the community or its residents.10-28
5.10-29
the judge or his authorized representative10-30
parent or guardian, or both, to deposit with the court a reasonable sum of10-31
money to pay for the cost of a policy for insurance against liability for10-32
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 of10-34
industrial insurance, it is provided by the authority for which the work is10-35
performed.10-36
6. As used in this section, "property" includes real or personal10-37
property.10-38
Sec. 14. NRS 62.2275 is hereby amended to read as follows: 62.2275 1. If a child within the jurisdiction of the juvenile court is10-40
found by the juvenile court to have committed the unlawful act of:10-41
(a) Driving under the influence of intoxicating liquor or a controlled10-42
substance in violation of NRS 484.379 or 484.3795;10-43
(b) Using, possessing, selling or distributing a controlled substance; or11-1
(c) Purchasing, consuming or possessing an alcoholic beverage in11-2
violation of NRS 202.020,11-3
the judge11-4
undergo an evaluation to determine if the child is an abuser of alcohol or11-5
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 of11-9
alcohol and drug abuse;11-10
(2) A physician certified to make that classification by the board of11-11
medical examiners; or11-12
(3) A person who is approved to make that classification by the11-13
bureau of alcohol and drug abuse,11-14
who shall report to the judge the results of the evaluation and make a11-15
recommendation to the judge concerning the length and type of treatment11-16
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 recommended11-20
by the person who conducted the evaluation pursuant to subsection 2.11-21
(b) Require the treatment facility to submit monthly reports on the11-22
treatment of the child pursuant to this section.11-23
(c)11-24
the child, if he is at least 18 years of age or an emancipated minor, or the11-25
parent or legal guardian of the child, to the extent of the financial resources11-26
of the child or his parent or legal guardian, to pay any charges relating to11-27
the evaluation and treatment of the child pursuant to this section. If the11-28
child, or his parent or legal guardian, does not have the financial resources11-29
to pay all11-30
(1) The judge shall, to the extent possible, arrange for the child to11-31
receive treatment from a treatment facility which receives a sufficient11-32
amount of federal or state money to offset the remainder of the costs; and11-33
(2) The judge may order the child to perform supervised work for the11-34
benefit of the community in lieu of paying the charges relating to his11-35
evaluation and treatment. The work must be performed for and under the11-36
supervising authority of a county, city, town or other political subdivision11-37
or agency of the State of Nevada or a charitable organization that renders11-38
service to the community or its residents.11-39
provided in section 4 of this act, the court may require the child or his11-40
parent or legal guardian to deposit with the court a reasonable sum of11-41
money to pay for the cost of policies of insurance against liability for11-42
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 the12-1
case of industrial insurance, it is provided by the authority for which he12-2
performs the work.12-3
4. A treatment facility is not liable for any damages to person or12-4
property caused by a child who drives while under the influence of an12-5
intoxicating liquor or a controlled substance after the treatment facility has12-6
certified to his successful completion of a program of treatment ordered12-7
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 is12-10
employed by a private company if the company meets the standards of the12-11
bureau of alcohol and drug abuse. Such an evaluation may be conducted at12-12
an evaluation center pursuant to paragraph (b) of subsection 2.12-13
(b) Ordering the child to attend a program of treatment which is12-14
administered by a private company.12-15
6. All information relating to the evaluation or treatment of a child12-16
pursuant to this section is confidential and, except as otherwise authorized12-17
by the provisions of this chapter or the juvenile court, must not be12-18
disclosed to any person other than the juvenile court, the child and his12-19
attorney, if any, his parents or guardian, the prosecuting attorney and any12-20
other person for whom the communication of that information is necessary12-21
to effectuate the evaluation or treatment of the child. A record of any12-22
finding that a child has violated the provisions of NRS 484.379 or12-23
484.3795 must be included in the driver’s record of that child for 7 years12-24
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 alcohol12-27
and drug abuse in the rehabilitation division of the department of12-28
employment, training and rehabilitation.12-29
(b) "Evaluation center" has the meaning ascribed to it in NRS12-30
484.3793.12-31
(c) "Treatment facility" has the meaning ascribed to it in NRS12-32
484.3793.12-33
Sec. 15. NRS 62.231 is hereby amended to read as follows: 62.231 1. The court may cause any child adjudged to be within its12-35
jurisdiction to be examined by a physician, psychiatrist, psychologist or12-36
other qualified person.12-37
2.12-38
when a child who is within the jurisdiction of the court appears to be in12-39
need of nursing, medical, surgical or other care, the court may order the12-40
parent or other person responsible for the care and support of the child to12-41
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 the13-1
county ,13-2
under the law to support the child pay part or all13-3
care in the manner provided in NRS 62.820.14-1
Sec. 16. NRS 62.455 is hereby amended to read as follows: 62.455 1. In addition to the options set forth in NRS 62.211 and14-3
62.213 and in addition to any other requirements set forth in this chapter, if14-4
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 the14-7
child is no longer attending a public school or private school within this14-8
state.14-9
(b) Except as otherwise provided in NRS 62.475 and 62.485, prohibit14-10
the child from attending a public school or private school that a victim of14-11
the sexual offense is attending.14-12
(c) Order the parents or guardians of the child to inform the probation14-13
officer assigned to the child each time the child expects to change the14-14
public school or private school that he is attending, not later than 20 days14-15
before the expected date of the change.14-16
(d)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, if14-19
such costs are incurred by a county school district pursuant to NRS14-20
392.251 to 392.271, inclusive.14-21
(e) Inform the parents or guardians of the child of the requirements of14-22
NRS 62.405 to 62.485, inclusive, 392.251 to 392.271, inclusive, and14-23
394.162 to 394.167, inclusive.14-24
2. The court may authorize a superintendent or the executive head of a14-25
private school who receives notification from a probation officer pursuant14-26
to NRS 62.465 to inform other appropriate educational personnel that the14-27
child has been adjudicated delinquent for a sexual offense.14-28
3. The court may not terminate its jurisdiction concerning the child for14-29
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 private14-31
school within this state.14-32
Sec. 17. NRS 62.800 is hereby amended to read as follows: 62.800 1.14-34
act, when a child is detained other than pursuant to a court order in a14-35
facility for the temporary detention of children or other commitment14-36
facilities administered or financed by the county for the detention of14-37
children, the board of county commissioners is entitled to collect from the14-38
parent, parents or guardian of such child all sums of money expended by14-39
the county for the care and support of the child during the period of his14-40
detention.14-41
2. If the parent, parents or guardian fails or refuses so to reimburse the14-42
county, the board of county commissioners may recover from such parent,15-1
parents or guardian, by appropriate legal action, all sums of money due15-2
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: 62.810 1.15-5
act, when a child who is under the jurisdiction of the juvenile division of15-6
the district court pursuant to this chapter receives ancillary services15-7
administered or financed by a county, including , but not limited to ,15-8
transportation or psychiatric, psychological or medical services, the county15-9
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 for15-11
determining the amounts to be reimbursed for such services based on the15-12
ability of the parent to pay, but the district court shall review each case and15-13
make a finding as to the reasonableness of the charge in relation to the15-14
parent’s ability to pay.15-15
3. If the parent refuses or otherwise fails to reimburse the county for15-16
such services, the board may bring a civil action to recover all money15-17
owed to it, together with interest thereon at 7 percent per annum15-18
commencing 30 days after an itemized statement of the charge for such15-19
services is submitted to the parent.15-20
Sec. 19. NRS 62.820 is hereby amended to read as follows: 62.820 1. Whenever a child is committed by the court to custody15-22
other than that of15-23
law for the support of the child, compensation for the care of the child15-24
while in such custody, when approved by order of the court, is a charge15-25
upon the county where the child has a legal residence. If a female child is15-26
committed to a private institution within the state, any compensation for15-27
the care of the child which is not paid by a parent must be paid by the state15-28
from money budgeted for by and appropriated to the Caliente youth center15-29
bureau of the division of child and family services of the department of15-30
human resources. A commitment must not be made to such a private15-31
institution until the court has ascertained from the superintendent of the15-32
institution that sufficient money is available for such compensation. This15-33
subsection does not prohibit the payment of compensation by the Caliente15-34
youth center bureau from money appropriated for that purpose to schools15-35
outside the state to which female children are committed pursuant to NRS15-36
210.580 or placed pursuant to NRS 62.215.15-37
2. Notwithstanding any other provision15-38
state for the support of such children, except as otherwise provided in15-39
section 4 of this act, after the parent has been given a reasonable15-40
opportunity to be heard, the court may order and decree that the parent15-41
pay, in such a manner as the court may direct and within the parent’s15-42
ability to pay, a sum of money to cover in whole or in part the support of16-1
the child. If the parent willfully fails or refuses to pay the sum, the court16-2
may proceed against him for contempt of court.16-3
3. Whenever the court orders the parent or parents of a child to pay for16-4
the support of a child, as provided in this section, the money must be paid16-5
to the superintendent or fiscal officer of the institution to which the child is16-6
committed, or the chief administrative officer of the agency to whom the16-7
child is committed.16-8
Sec. 20. NRS 62.830 is hereby amended to read as follows: 62.830 1. Except as otherwise provided in this subsection, if a child16-10
is committed to the custody of a regional facility for children, the court16-11
may order that the expense of the child’s support and maintenance be paid16-12
by the county of the child’s residence in an amount equal to any money16-13
paid for that purpose by the division. Such an order may not be entered if16-14
the county maintains the facility to which the child is committed.16-15
2.16-16
court may order that the parents, guardian or other person liable for the16-17
support and maintenance of the child reimburse the county in whole or in16-18
part for the expense of the child’s support and maintenance.16-19
3. This section does not prohibit the court from providing for the16-20
support and maintenance of the child in any other manner authorized by16-21
law.16-22
4. As used in this section:16-23
(a) "Division" means the division of child and family services of the16-24
department of human resources.16-25
(b) "Regional facility for children" includes:16-26
(1) The institution in Douglas County known as China Spring Youth16-27
Camp.16-28
(2) The institution in Clark County known as Spring Mountain Youth16-29
Camp.16-30
(3) Any other institution established and maintained for the care of16-31
minors adjudged delinquent and committed thereto, except the Nevada16-32
youth training center and the Caliente youth center.16-33
Sec. 21. NRS 176.139 is hereby amended to read as follows: 176.139 1. If a defendant is convicted of a sexual offense, the16-35
division shall arrange for a psychosexual evaluation of the defendant as16-36
part of the division’s presentence investigation and report to the court.16-37
2. The psychosexual evaluation of the defendant must be conducted by16-38
a person professionally qualified to conduct psychosexual evaluations.16-39
3. The person who conducts the psychosexual evaluation of the16-40
defendant must use diagnostic tools that are generally accepted as being16-41
within the standard of care for the evaluation of sex offenders, and the16-42
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’s17-2
sexual offense and all statements made by victims of that offense;17-3
(c) A review of records relating to previous criminal offenses17-4
committed by the defendant; and17-5
(d) A review of records relating to previous evaluations and treatment17-6
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 or17-10
other persons who may be significantly involved with the defendant or17-11
who may have relevant information relating to the defendant’s17-12
background; and17-13
(c) The use of psychological testing, polygraphic examinations and17-14
arousal assessment.17-15
5. The person who conducts the psychosexual evaluation of the17-16
defendant must be given access to all records of the defendant that are17-17
necessary to conduct the evaluation, and the defendant shall be deemed to17-18
have waived all rights of confidentiality and all privileges relating to those17-19
records for the limited purpose of the evaluation.17-20
6. The person who conducts the psychosexual evaluation of the17-21
defendant shall prepare a comprehensive written report of the results of the17-22
evaluation and17-23
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 for17-26
the cost of the psychosexual evaluation; or17-27
(b)17-28
defendant was less than 18 years of age when the sexual offense was17-29
committed and the defendant was certified and convicted as an adult, order17-30
the parents or guardians of the defendant, to the extent of their financial17-31
ability, to pay for the cost of the psychosexual evaluation. For the purposes17-32
of this paragraph, the court has jurisdiction over the parents or guardians of17-33
the defendant to the extent that is necessary to carry out the provisions of17-34
this paragraph.17-35
Sec. 22. NRS 206.330 is hereby amended to read as follows: 206.330 1. Unless a greater criminal penalty is provided by a17-37
specific statute, a person who places graffiti on or otherwise defaces the17-38
public or private property, real or personal, of another, without the17-39
permission of the owner is guilty of a public offense, as prescribed in NRS17-40
193.155, proportionate to the value of the property damaged or destroyed17-41
and in no event less than a misdemeanor.17-42
2. A person who violates subsection 1 shall, in addition to any other17-43
fine or penalty imposed:18-1
(a) For the first offense, perform not less than 50 hours, but not more18-2
than 99 hours, of community service.18-3
(b) For the second offense, perform not less than 100 hours, but not18-4
more than 199 hours, of community service.18-5
(c) For the third and each subsequent offense, perform not less than 20018-6
hours of community service.18-7
The community service assigned pursuant to this subsection must, if18-8
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 years18-11
who violates this section is liable for all fines and penalties imposed18-12
against the person.18-13
(b) If the parent or legal guardian is unable to pay the fine and penalties18-14
resulting from a violation of this section because of financial hardship, the18-15
court may require the parent or legal guardian to perform community18-16
service.18-17
4. If a person who is 18 years of age or older is found guilty of18-18
violating this section, the court may issue an order suspending the driver’s18-19
license of the person for a period not to exceed 6 months in addition to any18-20
other penalty imposed. If such an order is issued, the court shall require the18-21
person to surrender all driver’s licenses then held by the person. If the18-22
person does not possess a driver’s license, the court may issue an order18-23
prohibiting the person from applying for a driver’s license within the 618-24
months immediately following the date of the order. The court shall, within18-25
5 days after issuing the order, forward to the department of motor vehicles18-26
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 statutorily18-29
required for a moving traffic violation.18-30
(b) Shall report the suspension of a driver’s license pursuant to this18-31
section to an insurance company or its agent inquiring about the person’s18-32
driving record. An insurance company shall not use any information18-33
obtained pursuant to this paragraph for purposes related to establishing18-34
premium rates or determining whether to underwrite the insurance.18-35
6. A criminal penalty imposed pursuant to this section is in addition to18-36
any civil penalty or other remedy available pursuant to another statute for18-37
the same conduct.18-38
Sec. 23. NRS 210.180 is hereby amended to read as follows: 210.180 1. A court may commit to the school, and the administrator18-40
may place in the school, any person between the ages of 12 and 18 years18-41
who is found to be delinquent. Before any person is conveyed to the18-42
school, the superintendent shall determine whether adequate facilities are18-43
available to provide the necessary care to the person. The superintendent19-1
shall fix the time at which the person must be delivered to the school. The19-2
superintendent shall accept the person unless:19-3
(a) There are not adequate facilities available to provide the necessary19-4
care;19-5
(b) There is not adequate money available for the support of the school;19-6
or19-7
(c) In the opinion of the superintendent, the person is not suitable for19-8
admission to the school.19-9
2.19-10
court may order, when committing a person to the care, custody and19-11
control of the school, that the expense of his support and maintenance be19-12
paid in whole or in part by his parents, guardian or other person liable for19-13
his support and maintenance. Such payments must be paid to the19-14
administrator, who shall immediately deposit the money with the state19-15
treasurer for credit to a separate account in the state general fund for19-16
expenditure by the administrator to carry out the powers and duties of the19-17
administrator and the division of child and family services of the19-18
department of human resources.19-19
3. The court shall order, before commitment, that the person be given19-20
a physical examination, which includes a blood test, test for tuberculosis,19-21
urinalysis and an examination for venereal disease, by a physician. The19-22
physician shall, within 5 days after the examination, make a written report19-23
of the results thereof to the clerk of the juvenile court, if there is one, and19-24
otherwise to the county clerk of the county wherein the commitment was19-25
ordered. Upon receipt of the written report, the county auditor shall allow a19-26
claim for payment to the physician for the examination. The clerk of the19-27
juvenile court or the county clerk, as the case may be, shall immediately19-28
forward a copy of the written report to the superintendent.19-29
Sec. 24. NRS 210.580 is hereby amended to read as follows: 210.580 1. A court may commit to the school, and the administrator19-31
may place in the school, any person between the ages of 12 and 18 years19-32
who is found to be delinquent. Before any person is conveyed to the19-33
school, the superintendent shall determine whether adequate facilities are19-34
available to provide the necessary care to the person. The superintendent19-35
shall fix the time at which the person must be delivered to the school. The19-36
superintendent shall accept the person unless:19-37
(a) There are not adequate facilities available to provide the necessary19-38
care;19-39
(b) There is not adequate money available for the support of the school;19-40
or19-41
(c) In the opinion of the superintendent, the person is not suitable for19-42
admission to the school.20-1
Upon the written request of the superintendent, at any time either before or20-2
after commitment to the school, the court may order commitment to a20-3
school outside of the State of Nevada which is approved by the board, or to20-4
a private institution within the State of Nevada.20-5
2.20-6
court may order, when committing a person to the care, custody and20-7
control of the school, that the expense of his support and maintenance be20-8
paid in whole or in part by his parents, guardian or other person liable for20-9
his support and maintenance. Such payments must be paid to the20-10
administrator, who shall immediately deposit the money with the state20-11
treasurer for credit to a separate account in the state general fund for20-12
expenditure by the administrator to carry out the powers and duties of the20-13
administrator and the division of child and family services of the20-14
department of human resources.20-15
3. The court shall order, before commitment, that the person be given20-16
a physical examination, which includes a blood test, test for tuberculosis,20-17
urinalysis, and an examination for venereal disease by a physician. The20-18
physician shall, within 5 days after the examination, make a written report20-19
of the results thereof to the clerk of the juvenile court, if there is one, and20-20
otherwise to the county clerk of the county wherein the commitment was20-21
ordered. Upon receipt of the written report, the county auditor shall allow a20-22
claim for payment to the physician for the examination. The clerk of the20-23
juvenile court or the county clerk, as the case may be, shall immediately20-24
forward a copy of the written report to the superintendent.20-25
Sec. 25. NRS 379.160 is hereby amended to read as follows: 379.160 1. Any person who willfully detains any book, newspaper,20-27
magazine, pamphlet, manuscript, filmstrip or other property of any public20-28
library or reading room for more than 30 days after receipt of written20-29
notice demanding the return of any such article or property shall be20-30
punished by a fine of not more than $500.20-31
2. Any person who willfully cuts, tears, defaces, breaks or injures any20-32
book, map, chart, picture, engraving, statue, coin, model, apparatus or20-33
other work of literature, art, mechanics or object of curiosity deposited in20-34
any public library or reading room shall be punished by a fine of not more20-35
than $500.20-36
3.20-37
parent or guardian of a minor who willfully and maliciously commits any20-38
acts within the scope of subsection 1 or 2 is liable for all damages so20-39
caused by the minor.20-40
Sec. 26. NRS 392.210 is hereby amended to read as follows: 392.21020-42
1. Except as otherwise provided in subsection 2, a parent, guardian or20-43
other person who has control or charge of any child and to whom notice21-1
has been given of the child’s truancy as provided in NRS 392.130 and21-2
392.140, and who fails to prevent the child’s subsequent truancy within21-3
that school year, is guilty of a misdemeanor.21-4
2. A person who is licensed by the division of child and family21-5
services of the department of human resources pursuant to NRS 424.03021-6
to conduct a family foster home or group foster home is liable pursuant21-7
to subsection 1 for a child in his foster care only if the person has21-8
received notice of the truancy of the child as provided in NRS 392.13021-9
and 392.140, and negligently fails to prevent the subsequent truancy of21-10
the child within that school year.21-11
Sec. 27. NRS 393.170 is hereby amended to read as follows: 393.170 1. The board of trustees of a school district shall purchase21-13
all new library books and supplies, all new textbooks and supplementary21-14
schoolbooks which are necessary and have been approved by the state21-15
board ,21-16
mandates of the school curriculum to be used by the pupils of the school21-17
district. The cost of the books and supplies is a legal charge against the21-18
school district fund.21-19
2. All books purchased by the board of trustees must be held as21-20
property of the school district, and must be loaned to the pupils of the21-21
school in the school district while pursuing a course of study therein.21-22
3.21-23
parents and guardians of pupils are responsible for all books and any and21-24
all other material or equipment loaned to the children in their charge, and21-25
shall pay to the clerk of the board of trustees, or to any other person21-26
authorized by the board to receive the same, the full purchase price of all21-27
such books, material or equipment destroyed, lost or so damaged as to21-28
make them unfit for use by other pupils succeeding to their classes. The21-29
board of trustees shall establish reasonable rules and regulations governing21-30
the care and custody of such school property, and for the payment of fines21-31
for damage thereto.21-32
4. Equipment and materials for use in manual training, industrial21-33
training and teaching domestic science may be supplied to the pupils in the21-34
same manner, out of the same fund, and on the same terms and conditions21-35
as books. No private ownership may be acquired in such equipment or21-36
material, unless sold in the manner prescribed by law when such21-37
equipment or material are no longer used or required for the schools of the21-38
school district.21-39
5. Authorized supplementary books and desk books for the use of21-40
teachers must be purchased under NRS 393.160 to 393.210, inclusive, and21-41
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 county22-2
treasurer, within 30 days after receiving it, all money22-3
the provisions of this section, and the money must be credited to the school22-4
district fund.22-5
7. Any person violating any of the provisions of this section is guilty22-6
of a misdemeanor.22-7
Sec. 28. NRS 433.404 is hereby amended to read as follows: 433.404 1. The division shall establish a fee schedule for services22-9
rendered through any program supported by the state pursuant to the22-10
provisions of22-11
436 of NRS. The schedule must be submitted to the commission and the22-12
director of the department for joint approval before enforcement. The fees22-13
collected by facilities operated by the division pursuant to this schedule22-14
must be deposited in the state treasury to the credit of the state general22-15
fund, except as otherwise provided in NRS 433.354 for fees collected22-16
pursuant to contract or agreement and in NRS 435.120 for fees collected22-17
for services to mentally retarded clients.22-18
2. For a facility providing services for the treatment of the mentally ill22-19
or mentally retarded, the fee established must approximate the cost of22-20
providing the service, but , except as otherwise provided in NRS 433A.61022-21
and 436.310 and section 33 of this act, if a client is unable to pay in full22-22
the fee established pursuant to this section, the division may collect any22-23
amount the client is able to pay.22-24
Sec. 29. NRS 433A.610 is hereby amended to read as follows: 433A.610 1.22-26
when a person is admitted to a division facility or hospital under one of the22-27
various forms of admission prescribed by law, the parent or legal guardian22-28
of a mentally ill person who is a minor or the husband or wife of a22-29
mentally ill person, if of sufficient ability, and the estate of the mentally ill22-30
person, if the estate is sufficient for the purpose, shall pay the cost of the22-31
maintenance of the mentally ill22-32
treatment and surgical operations, in any hospital in which the person is22-33
hospitalized under the provisions of this chapter:22-34
(a) To the administrative officer if the person is admitted to a division22-35
facility; or22-36
(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 an22-38
agreement with a person who is licensed by the division of child and22-39
family services of the department pursuant to NRS 424.030 to conduct a22-40
family foster home or group foster home, such a person is not liable for22-41
the cost of any services provided pursuant to this chapter or chapter 433B22-42
of NRS to a child in his foster care. The provisions of this subsection do22-43
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 support23-2
of a committed person neglects or refuses to pay the administrative officer23-3
or the hospital rendering the service, the state is entitled to recover, by23-4
appropriate legal action, all money owed to a division facility or which the23-5
state has paid to a hospital for the care of a committed person, plus interest23-6
at the rate established pursuant to NRS 99.040.23-7
Sec. 30. NRS 433A.660 is hereby amended to read as follows: 433A.660 1.23-9
the client, his responsible relative pursuant to NRS 433A.610, or his23-10
guardian or23-11
the division facility rendering service pursuant to the fee schedule23-12
established under NRS 433.404 or 433B.250, as appropriate, the state is23-13
entitled to recover by appropriate legal action all sums due, plus interest.23-14
2. Before initiating such legal action, the division facility shall23-15
demonstrate efforts at collection, which may include contractual23-16
arrangements for collection through a private collection agency.23-17
Sec. 31. NRS 433A.680 is hereby amended to read as follows: 433A.68023-19
expense of diagnostic, medical and surgical services furnished to a client23-20
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 a23-22
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 his23-24
care. In the case of an indigent client or a client whose estate is inadequate23-25
to pay the expenses, the expenses must be charged to the county from23-26
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 such23-28
diagnostic, medical and surgical services must not in any case be a charge23-29
against or paid by the State of Nevada, except when in the opinion of the23-30
administrative officer of the division mental health facility to which the23-31
client is admitted payment should be made for nonresident indigent clients23-32
and money is authorized pursuant to NRS 433.374 or 433B.230 and the23-33
money is authorized in approved budgets.23-34
Sec. 32. NRS 433B.250 is hereby amended to read as follows: 433B.250 1. The division shall establish a fee schedule for services23-36
rendered through any program supported by the state pursuant to the23-37
provisions of this chapter. The schedule must be submitted to the23-38
commission and the director of the department for joint approval before23-39
enforcement. The fees collected by facilities operated by the division23-40
pursuant to this schedule must be deposited in the state treasury to the23-41
credit of the state general fund, except as otherwise provided in NRS23-42
433B.220 for fees collected pursuant to contract or agreement.24-1
2. For a facility providing services for the treatment of mentally ill24-2
children, the fee established must approximate the cost of providing the24-3
service, but , except as otherwise provided in NRS 433A.610, if a client, or24-4
the parent or legal guardian of the client, is unable to pay in full the fee24-5
established pursuant to this section, the division may collect any amount24-6
the client, parent or legal guardian is able to pay.24-7
Sec. 33. Chapter 435 of NRS is hereby amended by adding thereto a24-8
new section to read as follows:24-9
1. Except as otherwise provided in NRS 432B.560 and 435.040 or24-10
pursuant to an agreement with a person who is licensed by the division of24-11
child and family services of the department pursuant to NRS 424.030 to24-12
conduct a family foster home or group foster home, such a person is not24-13
liable for the cost of any services provided pursuant to this chapter to a24-14
child in his foster care.24-15
2. The provisions of subsection 1 do not require the provision of any24-16
services to a foster child.24-17
Sec. 34. NRS 435.085 is hereby amended to read as follows: 435.085 The administrative officer of a division facility may authorize24-19
the transfer of a mentally retarded person to a general hospital for24-20
necessary diagnostic, medical or surgical services not available within the24-21
division.24-22
expenses incurred under this section24-23
1. In the case of a judicially committed mentally retarded person, such24-24
expenses24-25
their reasonable financial ability as determined by the administrator, and24-26
the remainder, if any,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 division24-29
facility pursuant to NRS 435.010, 435.020 and 435.030, such expenses24-30
24-31
certificate was issued pursuant to subsection 2 of NRS 435.030; and24-32
3. In the case of a mentally retarded person admitted to a division24-33
facility upon voluntary application as provided in NRS 435.081, such24-34
expenses24-35
their reasonable financial ability as determined by the administrator, and24-36
for the remainder, if any, the administrator shall explore all reasonable24-37
alternative sources of payment.24-38
Sec. 35. NRS 435.090 is hereby amended to read as follows: 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 facility24-41
by a court of competent jurisdiction, the court shall examine the parent,24-42
parents or guardian of24-43
parent, parents or guardian or the estate of the child to contribute to the25-1
care, support and maintenance of25-2
the facility.25-3
2. If the court determines that the parent, parents or guardian of the25-4
child is able to contribute, it shall enter an order prescribing the amount to25-5
be contributed.25-6
3. If the court determines that the estate of the child is able to25-7
contribute, it shall enter an order requiring that a guardian of the estate of25-8
the child be appointed, if there is none, and that the guardian of the estate25-9
contribute the amount prescribed by the court from25-10
4. If the parent, parents or guardian fail or refuse to comply with the25-11
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 with25-13
interest.25-14
Sec. 36. NRS 435.100 is hereby amended to read as follows: 435.100 1. When any mentally retarded person is transferred from25-16
one care facility operated by the division to another care facility operated25-17
by the division, the parent, parents or guardian shall continue to contribute25-18
such amount for the care, support and maintenance of such person as may25-19
have previously been ordered by the court of competent jurisdiction25-20
committing such person.25-21
2.25-22
such order was entered by the committing court, the division may petition25-23
25-24
contribute.25-25
3. Any order for contribution entered under the provisions of25-26
subsection 225-27
same effect as an order for contribution entered under the provisions of25-28
NRS 435.090.25-29
Sec. 37. NRS 436.310 is hereby amended to read as follows: 436.31025-31
1. Except as otherwise provided in subsection 2, fees for mental25-32
health services, including services to the mentally retarded, rendered25-33
pursuant to an approved county plan25-34
with ability to pay, but not in excess of actual cost.25-35
2. Except as otherwise provided pursuant to an agreement with a25-36
person who is licensed by the division of child and family services of the25-37
department pursuant to NRS 424.030 to conduct a family foster home or25-38
group foster home, such a person is not liable for the cost of any services25-39
provided pursuant to this chapter to a child in his foster care. The25-40
provisions of this subsection do not require the provision of any services25-41
to a foster child.26-1
Sec. 38. NRS 597.870 is hereby amended to read as follows: 597.870 1.26-3
act, the parent or legal guardian, as the case may be, of a minor who steals26-4
merchandise from, or damages property on, a merchant’s premises is26-5
civilly liable for:26-6
(a) The retail value of the merchandise; and26-7
(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 and26-9
reasonable attorney’s fees. An action may be brought even if there has26-10
been no criminal conviction for the theft or damage.26-11
otherwise provided in section 4 of this act, recovery under this section26-12
may be had in addition to, and is not limited by, any other provision of law26-13
which limits the liability of a parent or legal guardian for the tortious26-14
conduct of a minor.26-15
2. An action under this section may be brought as a small claim in a26-16
justice’s court if the total amount sought does not exceed the statutory limit26-17
for such a claim.26-18
Sec. 39. The amendatory provisions of this act do not affect any26-19
liability of a person incurred:26-20
1. Before October 1, 1999; or26-21
2. As a result of any act committed by a child before October 1, 1999.~