Senate Bill No. 228-Committee on Finance
CHAPTER
237
- AN ACT relating to retarded persons; authorizing assistance under certain circumstances for a parent or relative who cares for a severely mentally retarded person or a child under the age of 6 years with developmental delays; and providing other matters properly relating thereto.
[Approved June 30, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 435.365 is hereby amended to read as follows:
435.365 1. Whenever a [profoundly mentally retarded] person with mental retardation is cared for by a parent or other relative with whom he lives, that parent or relative is [entitled] eligible to receive assistance on a monthly basis from the [mental hygiene and mental retardation] division for each such person who lives and is cared for in the home if the division finds that:
(a) The [profoundly mentally retarded] person with mental retardation has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation;
(b) The person with mental retardation is receiving adequate care; and
[(b) Neither he nor]
(c) The person with mental retardation and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.
The amount of such assistance [is] must be established by [law] legislative appropriation for each fiscal year.
2. The division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Sec. 2. This act becomes effective on July 1, 1997.
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