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child

Filed on
Tuesday, June 24, 2014
SUMMARY: In adjudication cases, the proof required for active efforts under ICWA is by a preponderance of the evidence. Active efforts were provided in this case; however, removal of the children was improper because there was not evidence of serious emotional damage as required under ICWA. A court...Read more
Filed on
Tuesday, June 3, 2014
SUMMARY: There was not clear and convincing evidence that the father knew or believed he was the child’s father so there was insufficient evidence to prove abandonment and, in any event, his incarceration was a circumstance beyond his control that would also preclude a finding of abandonment...Read more
Filed on
Tuesday, April 22, 2014
SUMMARY: The State’s 3a petition and motion for temporary custody should have been dismissed for failure to set forth allegations under ICWA because the State knew or should have known that ICWA applied. Avery, age 13, and Izabel, age 10, are the children of Katherine. On August 14, 2013, the State...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper in an ICWA case where the children were out of home 39 months and had special needs that required a stable home, and the parents consistently failed to follow through on services despite being given much assistance. Shane, born in 2003, Lena, born...Read more
Filed on
Tuesday, December 31, 2013
SUMMARY: Termination of parental rights was proper where the child had been in foster care for half of her life and did not want to live with the parent, and the parent and child did not have a strong bond or relationship. On August 23, 2011, Jaiden, DOB 8/03, was removed from the home of the...Read more
Filed on
Tuesday, December 3, 2013
SUMMARY: Since the rights advisement at adjudication didn’t include termination of parental rights as a possible consequence, 43-292(6) cannot be a ground for termination. The evidence didn’t support the remaining TPR ground because there was no showing how the father’s prior drug use made him...Read more
Filed on
Tuesday, October 15, 2013
SUMMARY: Termination of the father’s parental rights was proper where he was incarcerated for much of the child’s life, failed to visit or have contact with the child and failed to intervene in the case. Dayton, DOB 6/07, went under the legal guardianship of his maternal grandmother, Ivy, when he...Read more
Filed on
Friday, September 6, 2013
SUMMARY: A known adjudicated or biological father who has provided regular and substantial financial support to his child must be notified of abuse/neglect proceedings prior to the dispositional phase pursuant to N.R.S. 43-263 and 43-265. DHHS and its employees are protected by sovereign and...Read more
Filed on
Tuesday, July 23, 2013
SUMMARY: Termination of parental rights based largely on events stemming from a decade-old child death was proper because the mother has not shown she will prioritize her children’s safety given her current relationship and her less-than-forthcoming responses. A cross-appeal will not be considered...Read more
Filed on
Tuesday, March 5, 2013
SUMMARY: Removal of the children from the non-custodial parent in an ICWA case was improper because no qualified expert witness established that continued custody would cause serious emotional or physical damage to the children and there was no determination that active efforts had been made as to...Read more

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