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due process

Filed on
Tuesday, July 23, 2013
SUMMARY: The rights advisory pursuant to N.R.S. 43-279.01 need only be given at the adjudication stage or termination of parental stage in a TPR case, not both stages. An initial appearance hearing on a 3a petition was held on October 1, 2009. The father, Ronald, was present, and the court advised...Read more
Filed on
Tuesday, February 21, 2012
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...Read more
Filed on
Sunday, October 2, 2011
SUMMARY: Evidence that parents had a long history of drug abuse that was harming the children was sufficient to support a termination of parental rights. Though the parents were not advised of the possibility of termination prior to admitting to the allegations in the petition, they failed to...Read more
Filed on
Thursday, April 13, 2017
SUMMARY: Admission of the caseworker’s court reports and the father’s letters satisfied requirements of procedural due process. Mia, DOB 4/07, was born testing positive for methamphetamine and removed from the mother’s home. The mother and father were married but the father was frequently...Read more
Filed on
Tuesday, March 31, 2009
SUMMARY: Even though the father left the termination hearing, he was afforded procedural due process given he had notice, was read and understood the petition and his rights, was represented by an attorney and GAL, and had initially been present at the hearing. As the caseworker had contact with...Read more
Filed on
Tuesday, March 24, 2009
SUMMARY: It is a violation of procedural due process to proceed with a hearing on the termination of parental rights in the absence of the parent and the parent’s attorney, more so when the parent’s attorney had been suspended from the practice of law. The mother, Christine, has five children who...Read more
Filed on
Tuesday, February 24, 2009
SUMMARY: Termination of the father’s parental rights was proper given the length of time in foster care and the absence of the father from the majority of the child’s life. The child, Andrea J. (DOB 8/13/95), was removed from the mother’s home in August 2003. Andre is the father of Andrea. She has...Read more
Filed on
Tuesday, August 26, 2008
SUMMARY: The court violated the parents’ rights when it failed to adopt DHHS’ plan of reunification because there was no evidence to show that the plan of reunification was not in the children’s best interest. Failure to adopt the plan and denial of the parents’ visitation with the children results...Read more
Filed on
Friday, May 23, 2008
SUMMARY: A jury finding of liability under a §1983 claim based on violation of the father’s substantive due process rights in the relinquishment of his parental rights to Amanda C. has preclusive effect in the subsequent lawsuit brought by Amanda C. alleging violation of her substantive due process...Read more
Filed on
Friday, January 13, 2006
SUMMARY: It is not a violation of due process to have a different burden of proof for the termination of the parental rights to an Indian child than the burden of proof required to terminate parental rights to a non-Indian child, because the “parents of non-Indian children are not similarly...Read more


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