USA Statutes : nevada
Title : Title 11 - DOMESTIC RELATIONS
Chapter : CHAPTER 128 - TERMINATION OF PARENTAL RIGHTS
1. The Legislature declares that the preservation and
strengthening of family life is a part of the public policy of this State.
2. The Legislature finds that:
(a) Severance of the parent and child relationship is a matter of
such importance in order to safeguard the rights of parent and child as
to require judicial determination.
(b) Judicial selection of the person or agency to be entrusted with
the custody and control of a child after such severance promotes the
welfare of the parties and of this State.
(c) The continuing needs of a child for proper physical, mental and
emotional growth and development are the decisive considerations in
proceedings for termination of parental rights.
(Added to NRS by 1975, 963; A 1981, 1752)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 128.011
to 128.018 , inclusive, have the meanings ascribed to them
in those sections.
[1:161:1953]—(NRS A 1965, 335; 1975, 965; 1977, 185; 1987, 173;
1995, 783; 2001 Special Session, 14 )
A mother is “abandoned”
if the father or putative father has not provided for her support during
her pregnancy or has not communicated with her for a period beginning no
later than 3 months after conception and extending to the birth of the
child.
(Added to NRS by 1975, 964)
1. “Abandonment of a child” means any conduct of one or both
parents of a child which evinces a settled purpose on the part of one or
both parents to forego all parental custody and relinquish all claims to
the child.
2. If a parent or parents of a child leave the child in the care
and custody of another without provision for his support and without
communication for a period of 6 months, or if the child is left under
such circumstances that the identity of the parents is unknown and cannot
be ascertained despite diligent searching, and the parents do not come
forward to claim the child within 3 months after he is found, the parent
or parents are presumed to have intended to abandon the child.
(Added to NRS by 1975, 963; A 1981, 1753)
“Agency which provides child welfare services” has the meaning
ascribed to it in NRS 432B.030 .
(Added to NRS by 2001 Special Session, 14 )
“Child” means a person under the
age of 18 years.
(Added to NRS by 1981, 1750)
“Failure
of parental adjustment” occurs when a parent or parents are unable or
unwilling within a reasonable time to correct substantially the
circumstances, conduct or conditions which led to the placement of their
child outside of their home, notwithstanding reasonable and appropriate
efforts made by the State or a private person or agency to return the
child to his home.
(Added to NRS by 1987, 172)
“Indian child” has the
meaning ascribed to it in 25 U.S.C. § 1903.
(Added to NRS by 1995, 782)
“Indian Child
Welfare Act” means the Indian Child Welfare Act of 1978 (25 U.S.C. §§
1901 et seq.).
(Added to NRS by 1995, 782)
1. “Injury” to a child’s health or welfare occurs when the parent,
guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical,
mental or emotional injury, including injuries sustained as a result of
excessive corporal punishment;
(b) Commits or allows to be committed against the child, sexual
abuse as defined in NRS 432B.100 ;
(c) Neglects or refuses to provide for the child proper or
necessary subsistence, education or medical or surgical care, although he
is financially able to do so or has been offered financial or other
reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with
adequate care, supervision or guardianship under circumstances requiring
the intervention of:
(1) An agency which provides child welfare services; or
(2) The juvenile or family court itself.
2. A child’s health or welfare is not considered injured solely
because his parent or guardian, in the practice of his religious beliefs,
selects and depends upon nonmedical remedial treatment for the child, if
such treatment is recognized and permitted under the laws of this State.
(Added to NRS by 1981, 1750; A 1985, 1397; 1991, 2180; 1993, 2690;
2001 Special Session, 14 )
“Mental injury” means an
injury to the intellectual or psychological capacity of a child as
evidenced by an observable and substantial impairment in his ability to
function within his normal range of performance and behavior.
(Added to NRS by 1981, 1751)
“Neglected child” includes
a child:
1. Who lacks the proper parental care by reason of the fault or
habits of his parent, guardian or custodian;
2. Whose parent, guardian or custodian neglects or refuses to
provide proper or necessary subsistence, education, medical or surgical
care, or other care necessary for his health, morals or well-being;
3. Whose parent, guardian or custodian neglects or refuses to
provide the special care made necessary by his physical or mental
condition;
4. Who is found in a disreputable place, or who is permitted to
associate with vagrants or vicious or immoral persons; or
5. Who engages or is in a situation dangerous to life or limb, or
injurious to health or morals of himself or others,
Ê and the parent’s neglect need not be willful.
(Added to NRS by 1975, 964; A 1981, 1753)
1. “Parent and child relationship” includes all rights, privileges
and obligations existing between parent and child, including rights of
inheritance.
2. As used in this section, “parent” includes an adoptive parent.
(Added to NRS by 1975, 964)
“Plan” means:
1. A written agreement between the parents of a child who is
subject to the jurisdiction of the juvenile court or family court
pursuant to title 5 of NRS or chapter 432B of NRS and the agency having custody of the child; or
2. Written conditions and obligations imposed upon the parents
directly by the juvenile or family court,
Ê which have a primary objective of reuniting the family or, if the
parents neglect or refuse to comply with the terms and conditions of the
case plan, freeing the child for adoption.
(Added to NRS by 1981, 1750; A 1985, 1397; 1991, 2180; 2003, 1116
)
“Putative father” means a
person who is or is alleged or reputed to be the father of an
illegitimate child.
(Added to NRS by 1975, 964)
“Unfit parent” is any parent
of a child who, by reason of his fault or habit or conduct toward the
child or other persons, fails to provide such child with proper care,
guidance and support.
(Added to NRS by 1975, 964; A 1981, 1753)
Except if the child
involved is subject to the jurisdiction of an Indian tribe pursuant to
the Indian Child Welfare Act, the district courts have jurisdiction in
all cases and proceedings under this chapter. The jurisdiction of the
district courts extends to any child who should be declared free from the
custody and control of either or both of his parents.
[2:161:1953]—(NRS A 1975, 965; 1981, 1753; 1995, 783)
1. If proceedings pursuant to this chapter involve the termination
of parental rights of the parent of an Indian child, the court shall:
(a) Cause the Indian child’s tribe to be notified in writing in the
manner provided in the Indian Child Welfare Act. If the Indian child is
eligible for membership in more than one tribe, each tribe must be
notified.
(b) Transfer the proceedings to the Indian child’s tribe in
accordance with the Indian Child Welfare Act.
(c) If a tribe declines or is unable to exercise jurisdiction,
exercise its jurisdiction as provided in the Indian Child Welfare Act.
2. If the court determines that the parent of an Indian child for
whom termination of parental rights is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent;
(b) May appoint an attorney to represent the Indian child; and
(c) May apply to the Secretary of the Interior for the payment of
the fees and expenses of such an attorney,
Ê as provided in the Indian Child Welfare Act.
(Added to NRS by 1995, 782; A 2003, 1116 )
Each court in this state which
exercises jurisdiction pursuant to this chapter in a case involving an
Indian child shall give full faith and credit to the judicial proceedings
of an Indian tribe to the same extent that the Indian tribe gives full
faith and credit to the judicial proceedings of the courts of this state.
(Added to NRS by 1995, 782)
A petition alleging that
there is or resides within the county a child who should be declared free
from the custody and control of his parent or parents may be filed at the
election of the petitioner in:
1. The county in which the child is found;
2. The county in which the acts complained of occurred; or
3. The county in which the child resides.
[3:161:1953]—(NRS A 1975, 966; 1981, 1754)
The agency
which provides child welfare services, the probation officer, or any
other person, including the mother of an unborn child, may file with the
clerk of the court a petition under the terms of this chapter. The
probation officer of that county or any agency or person designated by
the court shall make such investigations at any stage of the proceedings
as the court may order or direct.
[4:161:1953]—(NRS A 1963, 892; 1967, 1151; 1973, 1406; 1975, 966;
1993, 2690; 2001 Special Session, 14 )
1. The proceedings must be entitled, “In the matter of the
parental rights as to ................, a minor.”
2. A petition must be verified and may be upon information and
belief. It must set forth plainly:
(a) The facts which bring the child within the purview of this
chapter.
(b) The name, age and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of the person or persons having physical
custody or control of the child.
(e) The name and residence of his legal guardian, if there is one.
(f) The name and residence of the child’s nearest known relative
residing within the State, if no parent or guardian can be found.
(g) Whether the child is known to be an Indian child.
3. If any of the facts required by subsection 2 are not known by
the petitioner, the petition must so state.
4. If the petitioner is a mother filing with respect to her unborn
child, the petition must so state and must contain the name and residence
of the father or putative father, if known.
5. If the petitioner or the child is receiving public assistance,
the petition must so state.
[5:161:1953]—(NRS A 1975, 966; 1981, 1754; 1995, 783, 2420)
Except as otherwise required by specific statute,
the court shall use its best efforts to ensure that proceedings conducted
pursuant to this chapter are completed within 6 months after the petition
is filed.
(Added to NRS by 1999, 2027 )
1. After a petition has been filed, unless the party or parties to
be served voluntarily appear and consent to the hearing, the court shall
direct the clerk to issue a notice, reciting briefly the substance of the
petition and stating the date set for the hearing thereof, and requiring
the person served therewith to appear before the court at the time and
place if that person desires to oppose the petition.
2. The following persons must be personally served with the notice:
(a) The father or mother of the minor person, if residing within
this State, and if his or her place of residence is known to the
petitioner, or, if there is no parent so residing, or if the place of
residence of the father or mother is not known to the petitioner, then
the nearest known relative of that person, if there is any residing
within the State, and if his residence and relationship are known to the
petitioner; and
(b) The minor’s legal custodian or guardian, if residing within
this State and if his place of residence is known to the petitioner.
3. If the petitioner or the child is receiving public assistance,
the petitioner shall mail a copy of the notice of hearing and a copy of
the petition to the Chief of the Child Enforcement Program of the
Division of Welfare and Supportive Services of the Department of Health
and Human Services by registered or certified mail return receipt
requested at least 45 days before the hearing.
[6:161:1953]—(NRS A 1987, 119; 1995, 2420)
1. When the father or mother of a minor child or the child’s legal
custodian or guardian resides out of the State, has departed from the
State, or cannot, after due diligence, be found within the State, or
conceals himself or herself to avoid the service of the notice of
hearing, and the fact appears, by affidavit, to the satisfaction of the
court thereof, and it appears, either by affidavit or by a verified
petition on file, that the named father or mother or custodian or
guardian is a necessary or proper party to the proceedings, the court may
grant an order that the service be made by the publication of the notice
of hearing. When the affidavit is based on the fact that the father or
mother or custodian or guardian resides out of the State, and his or her
present address is unknown, it is a sufficient showing of that fact if
the affiant states generally in the affidavit that:
(a) At a previous time the person resided out of this state in a
certain place (naming the place and stating the latest date known to the
affiant when the person so resided there);
(b) That place is the last place in which the person resided to the
knowledge of the affiant;
(c) The person no longer resides at that place;
(d) The affiant does not know the present place of residence of the
person or where the person can be found; and
(e) The affiant does not know and has never been informed and has
no reason to believe that the person now resides in this state.
Ê In such case, it shall be presumed that the person still resides and
remains out of the State, and the affidavit shall be deemed to be a
sufficient showing of due diligence to find the father or mother or
custodian or guardian.
2. The order must direct the publication to be made in a
newspaper, to be designated by the court, for a period of 4 weeks, and at
least once a week during that time. In case of publication, where the
residence of a nonresident or absent father or mother or custodian or
guardian is known, the court shall also direct a copy of the notice of
hearing and petition to be deposited in the post office, directed to the
person to be served at his place of residence. When publication is
ordered, personal service of a copy of the notice of hearing and
petition, out of the State, is equivalent to completed service by
publication and deposit in the post office, and the person so served has
20 days after the service to appear and answer or otherwise plead. The
service of the notice of hearing shall be deemed complete in cases of
publication at the expiration of 4 weeks from the first publication, and
in cases when a deposit of a copy of the notice of hearing and petition
in the post office is also required, at the expiration of 4 weeks from
the deposit.
3. Personal service outside the State upon a father or mother over
the age of 18 years or upon the minor’s legal custodian or guardian may
be made in any action where the person served is a resident of this
state. When the facts appear, by affidavit, to the satisfaction of the
court, and it appears, either by affidavit or by a verified petition on
file, that the person in respect to whom the service is to be made is a
necessary or proper party to the proceedings, the court may grant an
order that the service be made by personal service outside the State. The
service must be made by delivering a copy of the notice of hearing
together with a copy of the petition in person to the person served. The
methods of service are cumulative, and may be utilized with, after or
independently of other methods of service.
4. Whenever personal service cannot be made, the court may
require, before ordering service by publication or by publication and
mailing, such further and additional search to determine the whereabouts
of the person to be served as may be warranted by the facts stated in the
affidavit of the petitioner to the end that actual notice be given
whenever possible.
5. If one or both of the parents of the minor is unknown, or if
the name of either or both of his parents is uncertain, then those facts
must be set forth in the affidavit and the court shall order the notice
to be directed and addressed to either the father or the mother of the
person, and to all persons claiming to be the father or mother of the
person. The notice, after the caption, must be addressed substantially as
follows: “To the father and mother of the above-named person, and to all
persons claiming to be the father or mother of that person.”
[7:161:1953]—(NRS A 1967, 355; 1969, 16; 1987, 120)
The notice must be in substantially
the following form:
In the .................... Judicial District Court of the State of
Nevada,
in and for the County of .........................
In the matter of parental rights
as to ........................, a minor.
Notice
To ........................, the father or
........................, the mother of the above-named person; or, to
the father and mother of the above-named person, and to all persons
claiming to be the father or mother of this person; or, to
........................, related to the above-named minor as
........................; and, to ........................, the legal
custodian or guardian of the above-named minor:
You are hereby notified that there has been filed in the
above-entitled court a petition praying for the termination of parental
rights over the above-named minor person, and that the petition has been
set for hearing before this court, at the courtroom thereof, at
........................, in the County of ........................, on
the .......... day of the month of ………. of the year ....... at........
o’clock ........m., at which time and place you are required to be
present if you desire to oppose the petition.
Dated ........ (month) ........ (day) ........ (year)
.......................................................................
Clerk of court
(SEAL)
By..................................................................
Deputy
[8:161:1953]—(NRS A 1981, 126; 1987, 121; 2001, 34 )
When the mother of an unborn child
files a petition for termination of the father’s parental rights, the
father or putative father, if known, shall be served with notice of the
hearing in the manner provided for in NRS 128.060 , 128.070 and
128.080 . The hearing shall not be held
until the birth of the child or 6 months after the filing of the
petition, whichever is later.
(Added to NRS by 1975, 965)
1. At the time stated in the notice, or at the earliest time
thereafter to which the hearing may be postponed, the court shall proceed
to hear the petition.
2. The proceedings are civil in nature and are governed by the
Nevada Rules of Civil Procedure. The court shall in all cases require the
petitioner to establish the facts by clear and convincing evidence and
shall give full and careful consideration to all of the evidence
presented, with regard to the rights and claims of the parent of the
child and to any and all ties of blood or affection, but with a dominant
purpose of serving the best interests of the child.
3. Information contained in a report filed pursuant to NRS
432.0999 to 432.130 , inclusive, or chapter 432B of NRS may not be excluded from the proceeding by the invoking of
any privilege.
4. In the event of postponement, all persons served, who are not
present or represented in court at the time of the postponement, must be
notified thereof in the manner provided by the Nevada Rules of Civil
Procedure.
5. Any hearing held pursuant to this section must be held in
closed court without admittance of any person other than those necessary
to the action or proceeding, unless the court determines that holding
such a hearing in open court will not be detrimental to the child.
[9:161:1953]—(NRS A 1969, 95; 1981, 1754; 1985, 128, 1398; 1991,
199)
1. Any proceedings to terminate the parental rights of the parent
of an Indian child pursuant to this chapter must include the testimony of
at least one qualified expert witness as provided in the Indian Child
Welfare Act.
2. As used in this section, “qualified expert witness” includes,
without limitation:
(a) An Indian person who has personal knowledge about the Indian
child’s tribe and its customs related to raising a child and the
organization of the family; and
(b) A person who has:
(1) Substantial experience and training regarding the
customs of Indian tribes related to raising a child; and
(2) Extensive knowledge of the social values and cultural
influences of Indian tribes.
(Added to NRS by 1995, 782)
If the putative father of a child fails to acknowledge
the child or petition to have his parental rights established in a court
of competent jurisdiction before a hearing on a petition to terminate his
parental rights, he is presumed to have intended to abandon the child.
(Added to NRS by 1975, 964; A 1979, 1284)
If a
parent of a child:
1. Engages in conduct that violates any provision of NRS 200.463
, 200.464 or 200.465 ;
or
2. Voluntarily delivers a child to a provider of emergency
services pursuant to NRS 432B.630 ,
Ê the parent is presumed to have abandoned the child.
(Added to NRS by 1989, 1186; A 2001, 1264 ; 2005, 89 )
1. In any proceeding for terminating parental rights, or any
rehearing or appeal thereon, the court may appoint an attorney to
represent the child as his counsel and, if the child does not have a
guardian ad litem appointed pursuant to NRS 432B.500 , as his guardian ad litem. The child may be represented by
an attorney at all stages of any proceedings for terminating parental
rights. If the child is represented by an attorney, the attorney has the
same authority and rights as an attorney representing a party to the
proceedings.
2. If the parent or parents of the child desire to be represented
by counsel, but are indigent, the court may appoint an attorney for them.
3. Each attorney appointed under the provisions of this section is
entitled to the same compensation and expenses from the county as
provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons
charged with crimes.
[10:161:1953]—(NRS A 1981, 1755; 1987, 1301; 1999, 2027 ; 2001, 1708 )
The primary consideration in any
proceeding to terminate parental rights must be whether the best
interests of the child will be served by the termination. An order of the
court for the termination of parental rights must be made in light of the
considerations set forth in this section and NRS 128.106 to 128.109 ,
inclusive, and based on evidence and include a finding that:
1. The best interests of the child would be served by the
termination of parental rights; and
2. The conduct of the parent or parents was the basis for a
finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:
(a) Abandonment of the child;
(b) Neglect of the child;
(c) Unfitness of the parent;
(d) Failure of parental adjustment;
(e) Risk of serious physical, mental or emotional injury to the
child if he were returned to, or remains in, the home of his parent or
parents;
(f) Only token efforts by the parent or parents:
(1) To support or communicate with the child;
(2) To prevent neglect of the child;
(3) To avoid being an unfit parent; or
(4) To eliminate the risk of serious physical, mental or
emotional injury to the child; or
(g) With respect to termination of the parental rights of one
parent, the abandonment by that parent.
(Added to NRS by 1975, 964; A 1981, 1755; 1985, 244; 1987, 173,
210; 1995, 215; 1999, 2027 )
In determining neglect by or unfitness of a parent,
the court shall consider, without limitation, the following conditions
which may diminish suitability as a parent:
1. Emotional illness, mental illness or mental deficiency of the
parent which renders the parent consistently unable to care for the
immediate and continuing physical or psychological needs of the child for
extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed
outside his home pursuant to chapter 432B of NRS.
2. Conduct toward a child of a physically, emotionally or sexually
cruel or abusive nature.
3. Conduct that violates any provision of NRS 200.463 , 200.464 or
200.465 .
4. Excessive use of intoxicating liquors, controlled substances or
dangerous drugs which renders the parent consistently unable to care for
the child.
5. Repeated or continuous failure by the parent, although
physically and financially able, to provide the child with adequate food,
clothing, shelter, education or other care and control necessary for his
physical, mental and emotional health and development, but a person who,
legitimately practicing his religious beliefs, does not provide specified
medical treatment for a child is not for that reason alone a negligent
parent.
6. Conviction of the parent for commission of a felony, if the
facts of the crime are of such a nature as to indicate the unfitness of
the parent to provide adequate care and control to the extent necessary
for the child’s physical, mental or emotional health and development.
7. Unexplained injury or death of a sibling of the child.
8. Inability of appropriate public or private agencies to reunite
the family despite reasonable efforts on the part of the agencies.
(Added to NRS by 1981, 1751; A 1989, 1187; 1995, 361; 2005, 89
)
If a child is not in the physical custody of the
parent or parents, the court, in determining whether parental rights
should be terminated, shall consider, without limitation:
1. The services provided or offered to the parent or parents to
facilitate a reunion with the child.
2. The physical, mental or emotional condition and needs of the
child and his desires regarding the termination, if the court determines
he is of sufficient capacity to express his desires.
3. The effort the parent or parents have made to adjust their
circumstances, conduct or conditions to make it in the child’s best
interest to return him to his home after a reasonable length of time,
including but not limited to:
(a) The payment of a reasonable portion of substitute physical care
and maintenance, if financially able;
(b) The maintenance of regular visitation or other contact with the
child which was designed and carried out in a plan to reunite the child
with the parent or parents; and
(c) The maintenance of regular contact and communication with the
custodian of the child.
4. Whether additional services would be likely to bring about
lasting parental adjustment enabling a return of the child to the parent
or parents within a predictable period.
Ê For purposes of this section, the court shall disregard incidental
conduct, contributions, contacts and communications.
(Added to NRS by 1981, 1751; A 1987, 173)
If a child is in the custody of a public or private agency
and has been placed and resides in a foster home and the custodial agency
institutes proceedings pursuant to this chapter regarding the child, with
an ultimate goal of having the child’s foster parent or parents adopt
him, the court shall consider whether the child has become integrated
into the foster family to the extent that his familial identity is with
that family, and whether the foster family is able and willing
permanently to treat the child as a member of the family. The court shall
consider, without limitation:
1. The love, affection and other emotional ties existing between
the child and the parents, and the child’s ties with the foster family.
2. The capacity and disposition of the child’s parents from whom
the child was removed as compared with that of the foster family to give
the child love, affection and guidance and to continue the education of
the child.
3. The capacity and disposition of the parents from whom the child
was removed as compared with that of the foster family to provide the
child with food, clothing and medical care and to meet other physical,
mental and emotional needs of the child.
4. The length of time the child has lived in a stable,
satisfactory foster home and the desirability of his continuing to live
in that environment.
5. The permanence as a family unit of the foster family.
6. The moral fitness, physical and mental health of the parents
from whom the child was removed as compared with that of the foster
family.
7. The experiences of the child in the home, school and community,
both when with the parents from whom he was removed and when with the
foster family.
8. Any other factor considered by the court to be relevant to a
particular placement of the child.
(Added to NRS by 1981, 1752)
1. If a child has been placed outside of his home pursuant to
chapter 432B of NRS, the following provisions must be applied to determine the
conduct of the parent:
(a) If the child has resided outside of his home pursuant to that
placement for 14 months of any 20 consecutive months, it must be presumed
that the parent or parents have demonstrated only token efforts to care
for the child as set forth in paragraph (f) of subsection 2 of NRS
128.105 .
(b) If the parent or parents fail to comply substantially with the
terms and conditions of a plan to reunite the family within 6 months
after the date on which the child was placed or the plan was commenced,
whichever occurs later, that failure to comply is evidence of failure of
parental adjustment as set forth in paragraph (d) of subsection 2 of NRS
128.105 .
2. If a child has been placed outside of his home pursuant to
chapter 432B of NRS and has resided outside of his home pursuant to that
placement for 14 months of any 20 consecutive months, the best interests
of the child must be presumed to be served by the termination of parental
rights.
3. The presumptions specified in subsections 1 and 2 must not be
overcome or otherwise affected by evidence of failure of the State to
provide services to the family.
(Added to NRS by 1987, 172; A 1993, 2690; 1995, 361; 1999, 2028
)
1. Whenever the procedure described in this chapter has been
followed, and upon finding grounds for the termination of parental rights
pursuant to NRS 128.105 at a hearing
upon the petition, the court shall make a written order, signed by the
judge presiding in the court, judicially depriving the parent or parents
of the custody and control of, and terminating the parental rights of the
parent or parents with respect to the child, and declaring the child to
be free from such custody or control, and placing the custody and control
of the child in some person or agency qualified by the laws of this State
to provide services and care to children, or to receive any children for
placement.
2. If the child is placed in the custody and control of a person
or agency qualified by the laws of this State to receive children for
placement, the person or agency, in seeking to place the child:
(a) May give preference to the placement of the child with any
person related within the third degree of consanguinity to the child whom
the person or agency finds suitable and able to provide proper care and
guidance for the child, regardless of whether the relative resides within
this State.
(b) Shall, if practicable, give preference to the placement of the
child together with his siblings.
Ê Any search for a relative with whom to place a child pursuant to this
subsection must be completed within 1 year after the initial placement of
the child outside of his home.
[11:161:1953]—(NRS A 1975, 966; 1981, 1755; 1991, 1177; 1999, 2028
)
Any order made and entered by the
court under the provisions of NRS 128.110 is conclusive and binding upon the person
declared to be free from the custody and control of his parent or
parents, and upon all other persons who have been served with notice by
publication or otherwise, as provided by this chapter. After the making
of the order, the court has no power to set aside, change or modify it,
but nothing in this chapter impairs the right of appeal.
[12:161:1953]—(NRS A 1981, 1756)
At
any time after the filing of the petition, notice may issue requiring any
person having the custody or control of such minor person, or the person
with whom such person is, to appear with such person at a time and place
stated in the notice. In case such notice cannot be served, or the party
served fails, without reasonable cause, to obey it, a warrant of arrest
shall issue on the order of the court against the person so cited, or
against the minor himself, or against both; or, if there is no party to
be served with such notice, a warrant of arrest may be issued against the
minor person. If any party noticed, as provided for in this section,
fails without reasonable cause to appear and abide by the order of the
court, or to bring such minor person, such failure shall constitute a
contempt of court.
[13:161:1953]
All expenses incurred
in complying with the provisions of this chapter shall be a county charge
if so ordered by the court.
[14:161:1953]—(NRS A 1975, 967)
1. If a mother relinquishes or proposes to relinquish for adoption
a child who has:
(a) A presumed father under subsection 1 of NRS 126.051 ;
(b) A father whose relationship to the child has been determined by
a court; or
(c) A father as to whom the child is a legitimate child under
chapter 126 of NRS, under prior law of this
State or under the law of another jurisdiction,
Ê and the father has not consented to the adoption of the child or
relinquished the child for adoption, a proceeding must be brought
pursuant to this chapter and a determination made of whether a parent and
child relationship exists and if so, if it should be terminated.
2. If a mother relinquishes or proposes to relinquish for adoption
a child who does not have:
(a) A presumed father under subsection 1 of NRS 126.051 ;
(b) A father whose relationship to the child has been determined by
a court;
(c) A father as to whom the child is a legitimate child under
chapter 126 of NRS, under prior law of this
State or under the law of another jurisdiction; or
(d) A father who can be identified in any other way,
Ê or if a child otherwise becomes the subject of an adoption proceeding,
the agency or person to whom the child has been or is to be relinquished,
or the mother or the person having custody of the child, shall file a
petition in the district court to terminate the parental rights of the
father, unless the father’s relationship to the child has been previously
terminated or determined not to exist by a court.
3. In an effort to identify and protect the interests of the
natural father, the court which is conducting a proceeding pursuant to
this chapter shall cause inquiry to be made of the mother and any other
appropriate person. The inquiry must include the following:
(a) Whether the mother was married at the time of conception of the
child or at any time thereafter.
(b) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
(c) Whether the mother has received support payments or promises of
support with respect to the child or in connection with her pregnancy.
(d) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child.
4. If, after the inquiry, the natural father is identified to the
satisfaction of the court, or if more than one man is identified as a
possible father, each must be given notice of the proceeding in
accordance with subsection 6 of this section or with this chapter, as
applicable. If any of them fails to appear or, if appearing, fails to
claim custodial rights, such failure constitutes abandonment of the
child. If the natural father or a man representing himself to be the
natural father, claims custodial rights, the court shall proceed to
determine custodial rights.
5. If, after the inquiry, the court is unable to identify the
natural father or any possible natural father and no person has appeared
claiming to be the natural father and claiming custodial rights, the
court shall enter an order terminating the unknown natural father’s
parental rights with reference to the child. Subject to the disposition
of any appeal, upon the expiration of 6 months after an order terminating
parental rights is issued under this subsection, or this chapter, the
order cannot be questioned by any person in any manner or upon any
ground, including fraud, misrepresentation, failure to give any required
notice or lack of jurisdiction of the parties or of the subject matter.
6. Notice of the proceeding must be given to every person
identified as the natural father or a possible natural father in the
manner provided by law and the Nevada Rules of Civil Procedure for the
service of process in a civil action, or in any manner the court directs.
Proof of giving the notice must be filed with the court before the
petition is heard.
(Added to NRS by 1979, 1277)
1. In any action commenced by the natural parent of a child to set
aside a court order terminating the parental rights of the natural parent
after a petition for adoption has been granted, the best interests of the
child must be the primary and determining consideration of the court.
2. After a petition for adoption has been granted, there is a
presumption for the purposes of this chapter that remaining in the home
of the adopting parent is in the child’s best interest.
(Added to NRS by 1995, 735)
