NRS 433A.200
Filing of petition

  • certificate or statement of alleged mental health crisis
  • statement of parent consenting to treatment of minor
  • proceeding for admission of defendant in criminal action upon motion.

1.

Except as otherwise provided in subsection 3 and NRS 432B.6075, 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 or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or 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 licensed 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

(2)

The person alleged to be a person in a mental health crisis has refused to submit to examination or treatment by a physician, psychiatrist, licensed 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.

2.

Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, a petition submitted pursuant to subsection 1 must, in addition to the certificate or statement required by that subsection, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

3.

A proceeding for the involuntary court-ordered admission of a person who is the defendant in a criminal proceeding in the district court to a program of community-based or outpatient services 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 placement in a program of community-based or outpatient services is appropriate.

Source: Section 433A.200 — Filing of petition; certificate or statement of alleged mental health crisis; statement of parent consenting to treatment of minor; proceeding for admission of defendant in criminal action upon motion., https://www.­leg.­state.­nv.­us/NRS/NRS-433A.­html#NRS433ASec200.

Last Updated

Jun. 24, 2021

§ 433A.200’s source at nv​.us