Caselaw Updates
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SUMMARY: Termination of parental rights was proper where the mother consistently failed to comply with court orders, including failing to consistently attend family therapy and visits with the children, not obtaining safe and stable housing and failing to secure employment. Akol M., DOB 6/98, Amuk M...
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SUMMARY: An order suspending visitation where a TPR trial was imminent, the allegations for termination pertained to issues other than lack of contact, and the mother had recently re-appeared after being out-of-contact for six months is not final and appealable. Brandy is the mother of four children...
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SUMMARY: Termination of parental rights was proper where the father was unwilling to address his meth addiction even though given a reasonable amount of time. Termination based on allegations of substance abuse not part of the original adjudication was not improper because the court can consider all...
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SUMMARY: Termination of parental rights was improper because the parents have made significant improvements as parents, have worked extremely hard to regain custody and have made progress toward the case goals. Autumn L., DOB 9/99, Nancy W., DOB 7/03, Amber W., DOB 8/04, and Charles W., DOB 11/05...
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SUMMARY: The incarcerated father’s absence at the termination of parental rights trial denied him his due process rights because even though the court made initial efforts to notify him it took no official action after receiving a sheriff’s request for a writ and did not comment on the record as to...
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SUMMARY: A single incident which included strangling causing hemorrhaging, damaging the child’s genitals and the existence of bruising is sufficient to be considered aggravated circumstances under N.R.S. 43-292(9), even though there was no permanent injury as a result. Termination of parental rights...
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SUMMARY: Because there was no evidence of domestic violence between the parents creating definite risk of harm to the children, dismissal of the 3a petition was proper. Blessing S., DOB 2/09, and Phillip S., Jr., DOB 2/10, are the children of Shardee and Phillip. On February 24, 2011, the State...
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SUMMARY: Termination of parental rights was proper where the mother minimally complied with the case plan, including her requesting reduction of visits to one time per week. Justice B., DOB 1/03, was removed from her mother’s home around November 13, 2008, after alleging her mother punched her and...
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SUMMARY: Termination of parental rights was in the child’s best interests because the father made little effort to be involved in the case, to communicate with the caseworker or his attorney or to have a relationship with the child. Jasminiah S., DOB 4/05, was removed from the mother’s home on...
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SUMMARY: Termination of parental rights was proper where the mother failed to make sufficient progress over 2 years in addressing her dependence and parenting issues, and the father failed to put himself in a position to parent due to his incarceration, lack of housing and failure to move beyond...
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SUMMARY: The appellant lost in loco parentis status after being incarcerated for almost two years, not providing financial assistance and having no contact other than through letters. Haley, DOB 5/03, was removed from the home of her then-believed aunt and uncle after her brother died from serious...
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SUMMARY: A juvenile court should exercise its authority to order DHHS to accept a relinquishment of the child when it is in the best interests of that child to do so and not the interests of a future born child. Elizabeth, DOB May 2009, was born prematurely and stayed 8 weeks in the hospital. During...
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SUMMARY: The mother’s bond with the children does not overcome the substantial evidence supporting termination of parental rights in an child injury case. Kavasea S., DOB 4/02, Dominique S., DOB 1/03, Josezier H., DOB 5/05, Onyashy A., DOB 10/07 were removed from the mother’s home on March 3, 2008...
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SUMMARY: An award of GAL attorney’s fees for work performed after the State filed a motion to dismiss prior to adjudication was improper as the GAL lacked the authority to reinitiate the case through a new petition. David, DOB 6/97, Miguel, DOB 9/01, Edwin, 1/05, and Rogelio, 5/06, were removed from...
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SUMMARY: An impromptu ruling granting custody of the children to the mother based in part because father would be incarcerated until at least 2013 did not satisfy statutory requirements for notice and opportunity to be heard. Marcos Jr., DOB 12/06, was removed from the home of unmarried parents...