Caselaw Updates
Filed on:
SUMMARY: Termination of parental rights was proper where the parents had an extensive drug history, involvement in Satanic worship, chronic unemployment and lack of housing, inability to progress past supervised visitation, and inability to understand the baby’s high level medical needs. N.R.S. 43...
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SUMMARY: Termination of parental rights was proper where the evidence showed the mother failed to make significant progress on her case plan over the course of 15 months of the child being in foster care. Niko B., DOB 7/09, was removed from the home of the parents, Nicholas and Noahlene, on December...
Filed on:
SUMMARY: An order approving a transition plan of the child from the foster parents to the grandparent and proposed guardian is final and appealable. Legislative changes to 43-285(2) shifted the burden of proof in showing the case plan is in the child’s best interests from the parent to the State and...
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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: Termination of the father’s parental rights was proper where the father consistently failed to engage in services to improve the condition of his home and was unable to put himself in a position to parent his children. The father was not prejudiced from his GAL being excluded from...
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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...
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...
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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...