§ 432B.46806 — Evaluation to determine capacity; payment of costs

Nevada § 432B.46806

• Jurisdiction: Nevada
• Title 38: PUBLIC WELFARE
• Ch. 432B: Protection

Text

1. If a parent or other person responsible for the welfare of a child described in subsection 1 of NRS 432B.46803 or a parent or other person responsible for the welfare of a child who is the subject of a motion pursuant to subsection 2 of NRS 432B.46803 requests an evaluation and the court determines that the parent or other person might be incapacitated because he or she is not mentally competent, the court shall order the parent or other person to undergo an evaluation by a person professionally qualified in the field of psychiatric mental health. In all other circumstances, the court may, upon the motion of a party or its own motion, order such an evaluation if it determines that the parent or other person might be incapacitated because he or she is not mentally competent.
2. If an evaluation is conducted pursuant to subsection 1 upon:
(a) The request of the parent or other person who is the subject of the evaluation or the motion of court, the court may, except as otherwise provided in subsection 3, pay the cost of the evaluation.
(b) The motion of a party, other than the parent or other person who is the subject of the evaluation, the moving party shall pay the cost of the evaluation.
3. The court shall pay the cost of an evaluation conducted pursuant to subsection 1 if:
(a) The evaluation is conducted upon the request of the parent or other person who is the subject of the evaluation or the motion of court;
(b) The evaluation is not covered by a third party or the third party that provides such coverage is unable or unwilling to pay for the evaluation in a timely manner; and
(c) The parent or other person who is the subject of the evaluation has a household income that is less than 200 percent of the federally designated level signifying poverty.
4. If the court pays the cost of an evaluation pursuant to subsection 3 and later determines that the parent or other person responsible for the welfare of a child who is the subject of the examination is financially able to pay all or part of the cost of the evaluation, the court may require the parent or other person to make such payment to the clerk of the court.
5. Any other party to the proceeding may make an oral or written motion for the person to be evaluated by a person professionally qualified in the field of psychiatric mental health, a psychologist or other appropriate professional retained by the party. The party seeking the additional evaluation shall pay the costs related to the evaluation.
6. As used in this section:
(a) “Household” means persons of the first degree of consanguinity or affinity who live in the same dwelling.
(b) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433A.018 .
(c) “Third party” means any insurer or organization providing health coverage or benefits in accordance with state or federal law.

Legislative History

(Added to NRS by 2023, 2326 )