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...

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...

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...

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...

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...

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...

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...

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...

SUMMARY: Termination of parental rights was proper where the father failed to stop engaging in domestic violence, had an unstable living environment and failed to complete many court-ordered services including a batterer’s group. Shyan, DOB 9/08, was removed from the parents’ home on March 9, 2009...

SUMMARY: The newly enacted statute removing the presumption that the case plan is in the child’s best interests is applicable to an already-pending case because it only affects a procedural right. DHHS must offer reasonable efforts to a parent whose goal is reunification to correct the conditions...

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...

SUMMARY: When the State seeks temporary custody of a child as to a second parent, even if non-custodial, a detention (i.e., Protective Custody) hearing must be held even if a prior detention hearing was held as to the custodial parent. Amari G, DOB 5/10, was removed from his mother at birth. The...

SUMMARY: Denial of transfer to the tribal court was proper where the facts suggested there would be undue hardship on the parties in presenting evidence to decide the case at the tribal court in South Dakota. Melaya F. and Melysse F., ages 4 and 1, were removed from the mother, Mindy, around...

SUMMARY: A juvenile court has the authority to hold DHHS in contempt for failure to comply with an order but must provide DHHS with reasonable notice and an opportunity to be heard. Thomas was adjudicated in April 2010 under N.R.S. 43-247 (1), (2), and (3)(b), for committing acts that would be a...

SUMMARY: Termination of parental rights after child’s birth was proper where the mother had same functional impairments as she did when she lost the first of 3 prior children 4 years earlier. Bruce N., DOB 9/10, was removed at birth from the mother, Deaada, on the basis that 3 prior children born in...