Nevada Revised Statutes 428.070 – Responsibility of relative and recipient of aid for hospitalization provided by county: Reimbursement of county; determination of financial responsibility; action to enforce collection
1. The father or mother of sufficient financial ability so to do shall pay to the county which has extended county hospitalization to any natural child under the provisions of NRS 428.030 the amount granted to such natural child.
Terms Used In Nevada Revised Statutes 428.070
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
2. The child of a natural parent receiving county hospitalization pursuant to NRS 428.030 is not liable for the amount paid by the county for that parent, except where the natural child promised to support the natural parent in writing, has access to and control of the natural parent’s assets or income and has sufficient financial ability to support the natural parent.
3. A recipient of aid under the provisions of NRS 428.030 who later acquires sufficient financial ability so to do shall reimburse the county which extended county hospitalization to the recipient for any unpaid portion of the aid granted. Action against the relatives of such person is not a condition precedent to action against the person.
4. The father, mother or child of sufficient financial ability, as appropriate, shall pay to the county the amount the county paid for the burial, entombment or cremation of a natural child or a natural parent.
5. The board of county commissioners shall advise the Attorney General of the failure of a responsible person to pay such amount and the Attorney General shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount. If suit is filed to enforce the collection, the court shall determine the question of the sufficiency of the financial ability of the person against whom such action is filed, but the board of county commissioners shall determine the responsible person to be sued, and failure of an action against one such person shall not preclude subsequent or concurrent actions against others.
6. In determining the amount to be ordered for support pursuant to subsections 2 and 4, the court shall consider the circumstances of each party, including:
(a) The earning capacity and needs of each party;
(b) The obligations and assets of each party;
(c) The age and health of each party;
(d) The relationship between the parties; and
(e) Any other factor which the court deems just and equitable.