Nevada Severe Mental Illness Resources & Helpful Info

https://www.leg.state.nv.us/nrs/nrs-433a.html NEV. REV. STAT. § 433A.150 1.  A person alleged to be a person in a mental health crisis who is placed on a mental health crisis hold pursuant to NRS 433A.160 may, subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital for assessment, evaluation, intervention and treatment, regardless of whether any parent or legal guardian of the person has consented to the mental health crisis hold. 2.  Except as otherwise provided in subsection 3, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the person is placed on a mental health crisis hold pursuant to NRS 433A.160 unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission. 3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period. NEV. REV. STAT. § 433A.155. 1. A person listed in subsection 2 may petition a district court for an order requiring any peace officer to place a person alleged to be in a mental health crisis on a mental health crisis hold pursuant to NRS 433A.160. 2. A petition pursuant to subsection 1 may be made by: (a) An officer authorized to make arrests in the State of Nevada; (b) A physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse; (c) The spouse, parent, adult child or legal guardian of a person alleged to be a person in a mental health crisis; (d) A person who is providing case management, support and supervision to a person who has been conditionally released pursuant to NRS 433A.380, including, without limitation, a member of the staff of a community treatment program, social services agency, mobile crisis team or multi-disciplinary team that is providing case management, support and supervision to the person who is the subject of the petition; or (e) Any other person who has a legitimate interest in a person alleged to be a person in a mental health crisis. 3. The district court may issue an order to place a person alleged to be in a mental health crisis on a mental health crisis hold only if it is satisfied that there is probable cause to believe that the person who is the subject of the petition is a person in a mental health crisis. If the district court issues such an order, the court shall ensure the delivery of the order to the sheriff of the county. The sheriff shall: (a) Provide the order to the public or private mental health facility or hospital to which the person placed on a mental health crisis hold is transported; or (b) Arrange for the person who transports the person placed on a mental health crisis hold to a public or private mental health facility or hospital to provide the order to the facility or hospital. NEV. REV. STAT. § 433A.160. 1. An officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse who, based on his or her personal observation of a person or the issuance of a court order pursuant to NRS 433A.155, has probable cause to believe that the person is a person in a mental health crisis, may place the person on a mental health crisis hold by: a. Taking the person into custody without a warrant for assessment, evaluation, intervention and treatment at a public or private mental health facility or hospital; and b. Completing and providing to the public or private mental health facility or hospital the form prescribed pursuant to NRS 433A.085 for the placement of a person on a mental health crisis hold. The form must set forth the circumstances under which the person was taken into custody and the reasons therefor. NEV. REV. STAT. § 433A.170. Except as otherwise provided in this section, the administrative officer of a facility operated by the Division or of any other public or private mental health facility or hospital shall not accept a person for an emergency admission under NRS 433A.162 unless a psychologist, a physician, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 completes a certificate stating that he or she has examined the person alleged to be a person in a mental health crisis and that he or she has concluded that the person is a person in a mental health crisis. The certificate required by this section may be obtained from a psychologist, physician, physician assistant, clinical social worker or advanced practice registered nurse who is employed by the public or private mental health facility or hospital to which the person alleged to be a person in a mental health crisis is to be admitted.

NEV. REV. STAT. § 433A.200. 1. Except as otherwise provided in NRS 432B.6075 and section 37 of this act, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility with the clerk of the district court of the county where the person who is to be treated resides or the county where a mental health facility that is willing to admit the person is located. The petition may be filed by any physician, physician assistant, psychologist, social worker or registered nurse or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied: A. By a certificate of a physician, a psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 stating that he or she has examined the person alleged to be a person in a mental health crisis and has concluded that the person is a person in a mental health crisis; or B. By a sworn written statement by the petitioner that: 1. The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person in a mental health crisis, probable cause to believe that the person is a person in a mental health crisis and the person alleged to be a person in a mental health crisis has refused to submit to examination or treatment by a physician, psychiatrist, psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120; or 2. The person alleged to be a person in a mental health crisis has been placed on a mental health crisis hold pursuant to NRS 433A.160 and the physician, physician assistant or advanced practice registered nurse who examined the person alleged to be a person with a mental health crisis pursuant to NRS 433A.165 determined that the person has a medical condition, other than a psychiatric condition, which requires immediate treatment. NEV. REV. STAT. § 433A.310(1) Except as otherwise provided in NRS 432B.6076 and section 38 of this act, if the district court finds, after proceedings for the involuntary court-ordered admission of a person: (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held is a person in a mental health crisis, the court must enter its finding to that effect and the person must not be involuntarily admitted to a public or private mental health facility. If the person has been detained in a public or private mental health facility or hospital under a mental health crisis hold pursuant to NRS 433A.160, including, without limitation, where the person has been admitted under an emergency admission pursuant to NRS 433A.162, the court must issue a written order requiring the facility or hospital to release the person not later than 24 hours after the court issues the order, unless the person applies for admission as a voluntary consumer pursuant to NRS 433A.140. (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held is a person in a mental health crisis, the court may order the involuntary admission of the person to a public or private mental health facility. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390. NEV. REV. STAT. § 433A.0175 (1) Person in a mental health crisis means any person: (a) Who has a mental illness; and (b) Whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his or her personal needs is diminished, as a result of the mental illness, to the extent that the person presents a substantial likelihood of serious harm to himself or herself or others, as determined pursuant to NRS 433A.0195. (2) The term does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or other substances, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person. NEV. REV. STAT. § 433A.0195. For the purposes of this chapter, a person shall be deemed to present a substantial likelihood of serious harm to himself or herself or others if, without care or treatment, the person is at serious risk of: 1. Attempting suicide or homicide; 2. Causing bodily injury to himself or herself or others, including, without limitation, death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or a protracted loss or impairment of a body part, organ or mental functioning; or 3. Incurring a serious injury, illness or death resulting from complete neglect of basic needs for food, clothing, shelter or personal safety.

**In addition to the above NEV. REV. STAT §433A.310 2. Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment, including assisted outpatient treatment, as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person. 3. If the court issues an order involuntarily admitting a person to a public or private mental health facility pursuant to this section, the court must, notwithstanding the provisions of NRS 433A.715, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to: (a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System; and (b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each of this State’s appropriate databases of information relating to crimes. 5. After issuing an order pursuant to this section, a court shall not transfer the case to another court. Assisted Outpatient Treatment - NEV. REV. STAT §§ 433A.335 — 433A.345 NEV. REV. STAT §433A.335. Filing and contents of petition or motion; sworn statements or declarations concerning recommendation for and provision of assisted outpatient treatment; service of petition or motion.1. A proceeding for an order requiring any person in the State of Nevada to receive assisted outpatient treatment may be commenced by the filing of a petition for such an order with the clerk of the district court of the county where the person who is to be treated is present. The petition may be filed by: (a) Any person who is at least 18 years of age and resides with the person to be treated; (b) The spouse, parent, adult sibling, adult child or legal guardian of the person to be treated; (c) A physician, physician assistant, psychologist, social worker or registered nurse who is providing care to the person to be treated; (d) The Administrator or his or her designee; or (e) The medical director of a division facility in which the person is receiving treatment or the designee of the medical director of such a division facility. 2. A proceeding to require a person who is the defendant in a criminal proceeding in the district court to receive assisted outpatient treatment may be commenced by the district court, on its own motion, or by motion of the defendant or the district attorney if: (a) The defendant has been examined in accordance with NRS 178.415; (b) The defendant is not eligible for commitment to the custody of the Administrator pursuant to NRS 178.461; and (c) The Division makes a clinical determination that assisted outpatient treatment is appropriate. 3. A petition filed pursuant to subsection 1 or a motion made pursuant to subsection 2 must allege the following concerning the person to be treated: (a) The person is at least 18 years of age. (b) The person has a mental illness. (c) The person has a history of poor compliance with treatment for his or her mental illness that has resulted in at least one of the following circumstances: (1) At least twice during the immediately preceding 48 months, poor compliance with mental health treatment has been a significant factor in causing the person to be hospitalized or receive services in the behavioral health unit of a detention facility or correctional facility. The 48-month period described in this subparagraph must be extended by any amount of time that the person has been hospitalized, incarcerated or detained during that period. (2) Poor compliance with mental health treatment has been a significant factor in causing the person to commit, attempt to commit or threaten to commit serious physical harm to himself or herself or others during the immediately preceding 48 months. The 48-month period described in this subparagraph must be extended by any amount of time that the person has been hospitalized, incarcerated or detained during that period. (3) Poor compliance with mental health treatment has resulted in the person being hospitalized, incarcerated or detained for a cumulative period of at least 6 months and the person: (I) Is scheduled to be discharged or released from such hospitalization, incarceration or detention during the 30 days immediately following the date of the petition; or (II) Has been discharged or released from such hospitalization, incarceration or detention during the 60 days immediately preceding the date of the petition. (d) Because of his or her mental illness, the person is unwilling or unlikely to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without the supervision of the court. (e) Assisted outpatient treatment is the least restrictive appropriate means to prevent further disability or deterioration that would result in the person becoming a person in a mental health crisis. 4. A petition filed pursuant to subsection 1 or a motion made pursuant to subsection 2 must be accompanied by: (a) A sworn statement or a declaration that complies with the provisions of NRS 53.045 by a physician, a psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, stating that he or she: (1) Evaluated the person who is the subject of the petition or motion not earlier than 10 days before the filing of the petition or making of the motion; (2) Recommends that the person be ordered to receive assisted outpatient treatment; and (3) Is willing and able to testify at a hearing on the petition or motion; and (b) A sworn statement or a declaration that complies with the provisions of NRS 53.045 from a person professionally qualified in the field of psychiatric mental health stating that he or she is willing to provide assisted outpatient treatment for the person in the county where the person resides. 5. A copy of the petition filed pursuant to subsection 1 or the motion made pursuant to subsection 2 must be served upon the person who is the subject of the petition or motion or his or her counsel and, if applicable, his or her legal guardian. NRS 433A.343 (3)(a) 3.  An order for a person to receive assisted outpatient treatment must: (a) Provide for a period of assisted outpatient treatment that does not exceed 6 months unless the order is renewed or extended pursuant to NRS 433A.345; NRS 433A.344. Petition for evaluation of recipient of assisted outpatient treatment; conditions for granting of petition. 1.  A person professionally qualified in the field of psychiatric mental health who is responsible for providing assisted outpatient treatment to a person ordered by a court to receive assisted outpatient treatment pursuant to NRS 433A.343 may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for a prompt evaluation by the professional to determine whether the person is a person in a mental health crisis if: (a) The person who is the subject of the petition has failed to comply with the plan of assisted outpatient treatment ordered pursuant to NRS 433A.343; (b) The petitioner has made reasonable efforts to solicit such compliance; and (c) The failure to comply with the plan of assisted outpatient treatment may cause the person who is the subject of the petition to harm himself or herself or others. 2.  A petition pursuant to subsection 1 must set forth: (a) The specific provisions of the plan of assisted outpatient treatment which the subject of the petition has failed to carry out; (b) The efforts made by the petitioner to solicit compliance; and (c) The basis for the petitioner’s belief that the failure to comply with the plan of assisted outpatient treatment may cause the subject of the petition to harm himself or herself or others. 3.  If the court determines that there is probable cause to believe that the conditions described in paragraphs (a), (b) and (c) of subsection 1 have been satisfied, the court may issue an order requiring a peace officer to take into custody and deliver the person who is the subject of the petition to an appropriate location for a prompt evaluation by the petitioner to determine whether the person is a person in a mental health crisis. 4.  As used in this section, “appropriate location” means any location identified by a petitioner but does not include a jail or prison. NRS 433A.345. Petition to renew order for assisted outpatient treatment; service; hearing. 1.  Not later than 7 judicial days before the end of a period of assisted outpatient treatment ordered by a court pursuant to NRS 433A.343, the Administrator or his or her designee, the medical director of a division facility through which the person who is the subject of the order is receiving assisted outpatient treatment or his or her designee or another person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment may petition to renew the order for assisted outpatient treatment for an additional period that does not exceed 6 months. The petition for renewal must allege that: (a) Because of his or her mental illness, the person to be treated is unwilling or unlikely to voluntarily participate in outpatient treatment that would enable the person to live safely in the community without the supervision of the court; and (b) Assisted outpatient treatment is the least restrictive appropriate means to prevent further disability or deterioration that would result in the person to be treated becoming a person in a mental health crisis. 2.  A copy of a petition filed pursuant to subsection 1 must be served upon the person who is the subject of the petition or his or her counsel and, if applicable, his or her legal guardian. 3.  Upon receiving a petition filed pursuant to subsection 1, the court shall schedule a hearing on the petition pursuant to NRS 433A.336. If the order for assisted outpatient treatment that is effective at the time of the petition is scheduled to expire before the hearing, the order is extended and remains in effect until the date of the hearing. NRS 433A.390 4.  A consumer who is required to receive assisted outpatient treatment may be unconditionally released before the period specified in NRS 433A.343 when the person professionally qualified in the field of psychiatric mental health responsible for providing the assisted outpatient treatment for the consumer determines that: (a) The consumer no longer requires assisted outpatient treatment to prevent further disability or deterioration that would result in the person becoming a person in a mental health crisis; (b) The consumer is willing and likely to voluntarily participate in outpatient treatment that enables the person to live safely in the community without the supervision of the court; or (c) After the order for assisted outpatient treatment has been effective for at least 30 days, the assisted outpatient treatment is not meeting the needs of the consumer. 7.  A mental health facility or a person professionally qualified in the field of psychiatric mental health responsible for providing treatment to a consumer shall provide written notice to the court that issued the order not later than 3 judicial days after unconditionally releasing a consumer pursuant to subsection 3 or 4.