Caselaw Updates
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
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...
Filed on:
SUMMARY: A preponderance of the evidence established that keeping the newborn with the mother in a prison nursery is contrary to the child’s welfare based on the mother’s past criminal and child welfare history. Kenyetta, DOB 3/11, was removed from the mother, Crystalynn, immediately after birth...
Filed on:
SUMMARY: Termination of parental rights was proper where the father had little contact with the child, would be incarcerated past her age of majority, and has a history of drug use and law violations, and where the child had substantial health needs that the father cannot manage. LaKeiara J., born...
Filed on:
SUMMARY: Termination of parental rights was the proper where the father failed to make significant progress over 3 years in becoming able to parent the child and where the mother, while making progress right before trial, had a 10-year history with the child welfare system, took little advantage of...
Filed on:
SUMMARY: Termination of parental rights was proper where the father did little to address his issues as a batterer, the mother consistently denied any domestic violence against her and would allow the father would have ongoing contact, and the child’s behaviors that were consistent with exposure to...