1.  After the petition is filed, the court may cause a physician or licensed psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the intellectual and developmental disability center to which it is proposed the person be admitted. Any physician or licensed psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of intellectual disabilities and developmental disabilities. The examination or evaluation must indicate whether the person is or is not a person with an intellectual disability or a person with a developmental disability and whether the person is or is not in need of institutional training and treatment.

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Terms Used In Nevada Revised Statutes 435.125

  • Developmental disability: means autism, cerebral palsy, epilepsy, a fetal alcohol spectrum disorder or any other neurological condition diagnosed by a qualified professional that:

    (a) Is manifested before the person affected attains the age of 22 years;

    (b) Is likely to continue indefinitely;

    (c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:

    (1) Taking care of oneself;

    (2) Understanding and use of language;

    (3) Learning;

    (4) Mobility;

    (5) Self-direction; and

    (6) Capacity for independent living; and

    (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007

  • Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
  • Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
  • physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
  • Training: means a program of services directed primarily toward enhancing the health, welfare and development of persons with intellectual disabilities or persons with developmental disabilities through the process of providing those experiences that will enable the person to:

    (a) Develop his or her physical, intellectual, social and emotional capacities to the fullest extent;

    (b) Live in an environment that is conducive to personal dignity; and

    (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society. See Nevada Revised Statutes 435.007

  • Treatment: means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility. See Nevada Revised Statutes 435.007

2.  The court may allow the person alleged to be a person with an intellectual disability or a person with a developmental disability to remain at his or her place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany the person to the place of examination.