NRS 128.060 Noticeof hearing: Contents; personal service to certain persons; petitioner to mailnotice to Department of Health and Human Services if he or child is receivingpublic assistance.

NRS 128.070 Serviceof notice of hearing by publication.

NRS 128.080 Formof notice.

NRS 128.085 Petitionby mother of unborn child: Notice to father or putative father; time ofhearing.

NRS 128.090 Hearing:Time; procedure; evidence; postponement; closed court.

NRS 128.093 Testimonyof qualified expert witness required in proceedings to terminate parentalrights of parent of Indian child.

NRS 128.095 Whenputative father presumed to have intended to abandon child.

NRS 128.097 Presumptionof abandonment of child by parent.

NRS 128.100 Appointmentof attorney to represent child; authority and rights of attorney representingchild; appointment of attorney to represent parent.

NRS 128.105 Groundsfor terminating parental rights: Considerations; required findings.

NRS 128.106 Specificconsiderations in determining neglect by or unfitness of parent.

NRS 128.107 Specificconsiderations where child is not in physical custody of parent.

NRS 128.108 Specificconsiderations where child has been placed in foster home.

NRS 128.109 Determinationof conduct of parent; presumptions.

NRS 128.110 Orderterminating parental rights; preference for placement of child with certainrelatives and his siblings; period for completion of search for relative.

NRS 128.120 Effectof order.

NRS 128.130 Noticeto produce; warrant of arrest; contempts.

NRS 128.140 Expensesto be county charges.

NRS 128.150 Terminationof parental rights of father when child becomes subject of adoption.

NRS 128.160 Bestinterest of child in determining consideration in action to set asidetermination of parental rights after adoption has been granted; presumption.

_________

NRS 128.005 Legislativedeclaration and findings.

1. The Legislature declares that the preservation andstrengthening of family life is a part of the public policy of this State.

2. The Legislature finds that:

(a) Severance of the parent and child relationship is amatter of such importance in order to safeguard the rights of parent and childas to require judicial determination.

(b) Judicial selection of the person or agency to beentrusted with the custody and control of a child after such severance promotesthe welfare of the parties and of this State.

(c) The continuing needs of a child for properphysical, mental and emotional growth and development are the decisiveconsiderations in proceedings for termination of parental rights.

(Added to NRS by 1975, 963; A 1981, 1752)

NRS 128.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS128.011 to 128.018, inclusive, havethe meanings ascribed to them in those sections.

[1:161:1953](NRS A 1965, 335; 1975, 965; 1977, 185;1987, 173; 1995, 783; 2001 Special Session,14)

NRS 128.011 Abandonedmother defined. A mother is abandoned ifthe father or putative father has not provided for her support during herpregnancy or has not communicated with her for a period beginning no later than3 months after conception and extending to the birth of the child.

(Added to NRS by 1975, 964)

NRS 128.012 Abandonmentof a child defined.

1. Abandonment of a child means any conduct of oneor both parents of a child which evinces a settled purpose on the part of oneor both parents to forego all parental custody and relinquish all claims to thechild.

2. If a parent or parents of a child leave the childin the care and custody of another without provision for his support andwithout communication for a period of 6 months, or if the child is left undersuch circumstances that the identity of the parents is unknown and cannot beascertained despite diligent searching, and the parents do not come forward toclaim the child within 3 months after he is found, the parent or parents are presumedto have intended to abandon the child.

(Added to NRS by 1975, 963; A 1981, 1753)

NRS 128.0122 Agencywhich provides child welfare services defined. Agencywhich provides child welfare services has the meaning ascribed to it in NRS 432B.030.

(Added to NRS by 2001 Special Session,14)

NRS 128.0124 Childdefined. Child means a person under the ageof 18 years.

(Added to NRS by 1981, 1750)

NRS 128.0126 Failureof parental adjustment defined. Failure of parentaladjustment occurs when a parent or parents are unable or unwilling within areasonable time to correct substantially the circumstances, conduct orconditions which led to the placement of their child outside of their home,notwithstanding reasonable and appropriate efforts made by the State or aprivate person or agency to return the child to his home.

(Added to NRS by 1987, 172)

NRS 128.0128 Indianchild defined. Indian child has the meaningascribed to it in 25 U.S.C. 1903.

(Added to NRS by 1995, 782)

NRS 128.0129 IndianChild Welfare Act defined. Indian Child WelfareAct means the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

(Added to NRS by 1995, 782)

NRS 128.013 Injurydefined.

1. Injury to a childs health or welfare occurs whenthe parent, guardian or custodian:

(a) Inflicts or allows to be inflicted upon the child,physical, mental or emotional injury, including injuries sustained as a resultof excessive corporal punishment;

(b) Commits or allows to be committed against thechild, sexual abuse as defined in NRS432B.100;

(c) Neglects or refuses to provide for the child properor necessary subsistence, education or medical or surgical care, although he isfinancially able to do so or has been offered financial or other reasonablemeans to do so; or

(d) Fails, by specific acts or omissions, to providethe child with adequate care, supervision or guardianship under circumstancesrequiring the intervention of:

(1) An agency which provides child welfareservices; or

(2) The juvenile or family court itself.

2. A childs health or welfare is not consideredinjured solely because his parent or guardian, in the practice of his religiousbeliefs, selects and depends upon nonmedical remedial treatment for the child,if such treatment is recognized and permitted under the laws of this State.

(Added to NRS by 1981, 1750; A 1985, 1397; 1991,2180; 1993, 2690; 2001Special Session, 14)

NRS 128.0137 Mentalinjury defined. Mental injury means aninjury to the intellectual or psychological capacity of a child as evidenced byan observable and substantial impairment in his ability to function within hisnormal range of performance and behavior.

(Added to NRS by 1981, 1751)

NRS 128.014 Neglectedchild defined. Neglected child includes achild:

1. Who lacks the proper parental care by reason of thefault or habits of his parent, guardian or custodian;

2. Whose parent, guardian or custodian neglects orrefuses to provide proper or necessary subsistence, education, medical orsurgical care, or other care necessary for his health, morals or well-being;

3. Whose parent, guardian or custodian neglects orrefuses to provide the special care made necessary by his physical or mentalcondition;

4. Who is found in a disreputable place, or who ispermitted to associate with vagrants or vicious or immoral persons; or

5. Who engages or is in a situation dangerous to lifeor limb, or injurious to health or morals of himself or others,

and theparents neglect need not be willful.

(Added to NRS by 1975, 964; A 1981, 1753)

NRS 128.015 Parentand child relationship and parent defined.

1. Parent and child relationship includes all rights,privileges and obligations existing between parent and child, including rightsof inheritance.

2. As used in this section, parent includes anadoptive parent.

(Added to NRS by 1975, 964)

NRS 128.0155 Plandefined. Plan means:

1. A written agreement between the parents of a childwho is subject to the jurisdiction of the juvenile court or family courtpursuant to title 5 of NRS or chapter 432Bof NRS and the agency having custody of the child; or

2. Written conditions and obligations imposed upon theparents directly by the juvenile or family court,

which have aprimary objective of reuniting the family or, if the parents neglect or refuseto comply with the terms and conditions of the case plan, freeing the child foradoption.

(Added to NRS by 1981, 1750; A 1985, 1397; 1991,2180; 2003, 1116)

NRS 128.016 Putativefather defined. Putative father means aperson who is or is alleged or reputed to be the father of an illegitimatechild.

(Added to NRS by 1975, 964)

NRS 128.018 Unfitparent defined. Unfit parent is any parentof a child who, by reason of his fault or habit or conduct toward the child orother persons, fails to provide such child with proper care, guidance andsupport.

(Added to NRS by 1975, 964; A 1981, 1753)

NRS 128.020 Jurisdictionof district courts. Except if the childinvolved is subject to the jurisdiction of an Indian tribe pursuant to theIndian Child Welfare Act, the district courts have jurisdiction in all casesand proceedings under this chapter. The jurisdiction of the district courtsextends to any child who should be declared free from the custody and controlof either or both of his parents.

[2:161:1953](NRS A 1975, 965; 1981, 1753; 1995, 783)

NRS 128.023 Proceedingsto terminate parental rights of parent of Indian child: Powers and duties ofcourt; appointment of attorney.

1. If proceedings pursuant to this chapter involve thetermination of parental rights of the parent of an Indian child, the courtshall:

(a) Cause the Indian childs tribe to be notified inwriting in the manner provided in the Indian Child Welfare Act. If the Indianchild is eligible for membership in more than one tribe, each tribe must benotified.

(b) Transfer the proceedings to the Indian childstribe in accordance with the Indian Child Welfare Act.

(c) If a tribe declines or is unable to exercisejurisdiction, exercise its jurisdiction as provided in the Indian Child WelfareAct.

2. If the court determines that the parent of anIndian child for whom termination of parental rights is sought is indigent, thecourt:

(a) Shall appoint an attorney to represent the parent;

(b) May appoint an attorney to represent the Indianchild; and

as providedin the Indian Child Welfare Act.

(Added to NRS by 1995, 782; A 2003, 1116)

NRS 128.027 Extentto which court must give full faith and credit to judicial proceedings ofIndian tribe. Each court in this state whichexercises jurisdiction pursuant to this chapter in a case involving an Indianchild shall give full faith and credit to the judicial proceedings of an Indiantribe to the same extent that the Indian tribe gives full faith and credit tothe judicial proceedings of the courts of this state.

(Added to NRS by 1995, 782)

NRS 128.030 Placefor filing petition. A petition alleging thatthere is or resides within the county a child who should be declared free fromthe custody and control of his parent or parents may be filed at the electionof the petitioner in:

1. The county in which the child is found;

2. The county in which the acts complained ofoccurred; or

3. The county in which the child resides.

[3:161:1953](NRS A 1975, 966; 1981, 1754)

NRS 128.040 Whomay file petition; investigation. The agencywhich provides child welfare services, the probation officer, or any otherperson, including the mother of an unborn child, may file with the clerk of thecourt a petition under the terms of this chapter. The probation officer of thatcounty or any agency or person designated by the court shall make suchinvestigations at any stage of the proceedings as the court may order ordirect.

[4:161:1953](NRS A 1963, 892; 1967, 1151; 1973,1406; 1975, 966; 1993, 2690; 2001 Special Session,14)

NRS 128.050 Entitlementof proceedings; contents of verified petition.

1. The proceedings must be entitled, In the matter ofthe parental rights as to ................, a minor.

2. A petition must be verified and may be uponinformation and belief. It must set forth plainly:

(a) The facts which bring the child within the purviewof this chapter.

(b) The name, age and residence of the child.

(d) The name and residence of the person or personshaving physical custody or control of the child.

(e) The name and residence of his legal guardian, ifthere is one.

(f) The name and residence of the childs nearest knownrelative residing within the State, if no parent or guardian can be found.

(g) Whether the child is known to be an Indian child.

3. If any of the facts required by subsection 2 arenot known by the petitioner, the petition must so state.

4. If the petitioner is a mother filing with respectto her unborn child, the petition must so state and must contain the name andresidence of the father or putative father, if known.

5. If the petitioner or the child is receiving publicassistance, the petition must so state.

[5:161:1953](NRS A 1975, 966; 1981, 1754; 1995, 783,2420)

NRS 128.055 Proceedingsto be completed within 6 months after filing of petition. Except as otherwise required by specific statute, thecourt shall use its best efforts to ensure that proceedings conducted pursuantto this chapter are completed within 6 months after the petition is filed.

(Added to NRS by 1999, 2027)

NRS 128.060 Noticeof hearing: Contents; personal service to certain persons; petitioner to mailnotice to Department of Health and Human Services if he or child is receivingpublic assistance.

1. After a petition has been filed, unless the partyor parties to be served voluntarily appear and consent to the hearing, thecourt shall direct the clerk to issue a notice, reciting briefly the substanceof the petition and stating the date set for the hearing thereof, and requiringthe person served therewith to appear before the court at the time and place ifthat person desires to oppose the petition.

2. The following persons must be personally servedwith the notice:

(a) The father or mother of the minor person, ifresiding within this State, and if his or her place of residence is known tothe petitioner, or, if there is no parent so residing, or if the place ofresidence of the father or mother is not known to the petitioner, then thenearest known relative of that person, if there is any residing within theState, and if his residence and relationship are known to the petitioner; and

(b) The minors legal custodian or guardian, ifresiding within this State and if his place of residence is known to thepetitioner.

3. If the petitioner or the child is receiving publicassistance, the petitioner shall mail a copy of the notice of hearing and acopy of the petition to the Chief of the Child Enforcement Program of theDivision of Welfare and Supportive Services of the Department of Health andHuman Services by registered or certified mail return receipt requested atleast 45 days before the hearing.

[6:161:1953](NRS A 1987, 119; 1995, 2420)

NRS 128.070 Serviceof notice of hearing by publication.

1. When the father or mother of a minor child or thechilds legal custodian or guardian resides out of the State, has departed fromthe State, or cannot, after due diligence, be found within the State, orconceals himself or herself to avoid the service of the notice of hearing, andthe fact appears, by affidavit, to the satisfaction of the court thereof, andit appears, either by affidavit or by a verified petition on file, that thenamed father or mother or custodian or guardian is a necessary or proper partyto the proceedings, the court may grant an order that the service be made bythe publication of the notice of hearing. When the affidavit is based on thefact that the father or mother or custodian or guardian resides out of theState, and his or her present address is unknown, it is a sufficient showing ofthat fact if the affiant states generally in the affidavit that:

(a) At a previous time the person resided out of thisstate in a certain place (naming the place and stating the latest date known tothe affiant when the person so resided there);

(b) That place is the last place in which the personresided to the knowledge of the affiant;

(d) The affiant does not know the present place ofresidence of the person or where the person can be found; and

(e) The affiant does not know and has never beeninformed and has no reason to believe that the person now resides in thisstate.

In suchcase, it shall be presumed that the person still resides and remains out of theState, and the affidavit shall be deemed to be a sufficient showing of due diligenceto find the father or mother or custodian or guardian.

2. The order must direct the publication to be made ina newspaper, to be designated by the court, for a period of 4 weeks, and atleast once a week during that time. In case of publication, where the residenceof a nonresident or absent father or mother or custodian or guardian is known,the court shall also direct a copy of the notice of hearing and petition to bedeposited in the post office, directed to the person to be served at his placeof residence. When publication is ordered, personal service of a copy of thenotice of hearing and petition, out of the State, is equivalent to completedservice by publication and deposit in the post office, and the person so servedhas 20 days after the service to appear and answer or otherwise plead. Theservice of the notice of hearing shall be deemed complete in cases ofpublication at the expiration of 4 weeks from the first publication, and incases when a deposit of a copy of the notice of hearing and petition in thepost office is also required, at the expiration of 4 weeks from the deposit.

3. Personal service outside the State upon a father ormother over the age of 18 years or upon the minors legal custodian or guardianmay be made in any action where the person served is a resident of this state.When the facts appear, by affidavit, to the satisfaction of the court, and itappears, either by affidavit or by a verified petition on file, that the personin respect to whom the service is to be made is a necessary or proper party tothe proceedings, the court may grant an order that the service be made bypersonal service outside the State. The service must be made by delivering acopy of the notice of hearing together with a copy of the petition in person tothe person served. The methods of service are cumulative, and may be utilizedwith, after or independently of other methods of service.

4. Whenever personal service cannot be made, the courtmay require, before ordering service by publication or by publication andmailing, such further and additional search to determine the whereabouts of theperson to be served as may be warranted by the facts stated in the affidavit ofthe petitioner to the end that actual notice be given whenever possible.

5. If one or both of the parents of the minor isunknown, or if the name of either or both of his parents is uncertain, thenthose facts must be set forth in the affidavit and the court shall order thenotice to be directed and addressed to either the father or the mother of theperson, and to all persons claiming to be the father or mother of the person.The notice, after the caption, must be addressed substantially as follows: Tothe father and mother of the above-named person, and to all persons claiming tobe the father or mother of that person.

[7:161:1953](NRS A 1967, 355; 1969, 16; 1987, 120)

NRS 128.080 Formof notice. The notice must be in substantiallythe following form:

In the .................... Judicial District Court ofthe State of Nevada,

in and for the County of.........................

In the matter of parental rights

as to ........................, a minor.

Notice

To ........................, the father or........................, the mother of the above-named person; or, to thefather and mother of the above-named person, and to all persons claiming to bethe father or mother of this person; or, to ........................, relatedto the above-named minor as ........................; and, to........................, the legal custodian or guardian of the above-namedminor:

You are hereby notified that there has been filed inthe above-entitled court a petition praying for the termination of parentalrights over the above-named minor person, and that the petition has been setfor hearing before this court, at the courtroom thereof, at........................, in the County of ........................, on the.......... day of the month of . of the year ....... at........ oclock........m., at which time and place you are required to be present if youdesire to oppose the petition.

Dated ........ (month) ........ (day) ........ (year)

.......................................................................

Clerkof court

(SEAL)

By..................................................................

Deputy

[8:161:1953](NRS A 1981, 126; 1987, 121; 2001, 34)

NRS 128.085 Petitionby mother of unborn child: Notice to father or putative father; time ofhearing. When the mother of an unborn childfiles a petition for termination of the fathers parental rights, the father orputative father, if known, shall be served with notice of the hearing in themanner provided for in NRS 128.060, 128.070 and 128.080. The hearing shall not be helduntil the birth of the child or 6 months after the filing of the petition,whichever is later.

(Added to NRS by 1975, 965)

NRS 128.090 Hearing:Time; procedure; evidence; postponement; closed court.

1. At the time stated in the notice, or at theearliest time thereafter to which the hearing may be postponed, the court shallproceed to hear the petition.

2. The proceedings are civil in nature and aregoverned by the Nevada Rules of Civil Procedure. The court shall in all casesrequire the petitioner to establish the facts by clear and convincing evidenceand shall give full and careful consideration to all of the evidence presented,with regard to the rights and claims of the parent of the child and to any andall ties of blood or affection, but with a dominant purpose of serving the bestinterests of the child.

3. Information contained in a report filed pursuant toNRS 432.0999 to 432.130, inclusive, or chapter 432B of NRS may not be excluded fromthe proceeding by the invoking of any privilege.

4. In the event of postponement, all persons served,who are not present or represented in court at the time of the postponement,must be notified thereof in the manner provided by the Nevada Rules of CivilProcedure.

5. Any hearing held pursuant to this section must beheld in closed court without admittance of any person other than thosenecessary to the action or proceeding, unless the court determines that holdingsuch a hearing in open court will not be detrimental to the child.

[9:161:1953](NRS A 1969, 95; 1981, 1754; 1985, 128,1398; 1991, 199)

NRS 128.093 Testimonyof qualified expert witness required in proceedings to terminate parentalrights of parent of Indian child.

1. Any proceedings to terminate the parental rights ofthe parent of an Indian child pursuant to this chapter must include thetestimony of at least one qualified expert witness as provided in the IndianChild Welfare Act.

2. As used in this section, qualified expert witnessincludes, without limitation:

(a) An Indian person who has personal knowledge aboutthe Indian childs tribe and its customs related to raising a child and theorganization of the family; and

(b) A person who has:

(1) Substantial experience and trainingregarding the customs of Indian tribes related to raising a child; and

(2) Extensive knowledge of the social values andcultural influences of Indian tribes.

(Added to NRS by 1995, 782)

NRS 128.095 Whenputative father presumed to have intended to abandon child. If the putative father of a child fails to acknowledge thechild or petition to have his parental rights established in a court ofcompetent jurisdiction before a hearing on a petition to terminate his parentalrights, he is presumed to have intended to abandon the child.

(Added to NRS by 1975, 964; A 1979, 1284)

NRS 128.097 Presumptionof abandonment of child by parent. If a parentof a child:

1. Engages in conduct that violates any provision of NRS 200.463, 200.464 or 200.465; or

2. Voluntarily delivers a child to a provider ofemergency services pursuant to NRS432B.630,

the parentis presumed to have abandoned the child.

(Added to NRS by 1989, 1186; A 2001, 1264; 2005, 89)

NRS 128.100 Appointmentof attorney to represent child; authority and rights of attorney representingchild; appointment of attorney to represent parent.

1. In any proceeding for terminating parental rights,or any rehearing or appeal thereon, the court may appoint an attorney torepresent the child as his counsel and, if the child does not have a guardianad litem appointed pursuant to NRS432B.500, as his guardian ad litem. The child may be represented by anattorney at all stages of any proceedings for terminating parental rights. Ifthe child is represented by an attorney, the attorney has the same authorityand rights as an attorney representing a party to the proceedings.

2. If the parent or parents of the child desire to berepresented by counsel, but are indigent, the court may appoint an attorney forthem.

3. Each attorney appointed under the provisions ofthis section is entitled to the same compensation and expenses from the countyas provided in NRS 7.125 and 7.135 for attorneys appointed to representpersons charged with crimes.

[10:161:1953](NRS A 1981, 1755; 1987, 1301; 1999, 2027; 2001, 1708)

NRS 128.105 Groundsfor terminating parental rights: Considerations; required findings. The primary consideration in any proceeding to terminate parentalrights must be whether the best interests of the child will be served by the termination.An order of the court for the termination of parental rights must be made inlight of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidenceand include a finding that:

1. The best interests of the child would be served bythe termination of parental rights; and

2. The conduct of the parent or parents was the basisfor a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least oneof the following:

(a) Abandonment of the child;

(b) Neglect of the child;

(d) Failure of parental adjustment;

(e) Risk of serious physical, mental or emotionalinjury to the child if he were returned to, or remains in, the home of hisparent or parents;

(f) Only token efforts by the parent or parents:

(1) To support or communicate with the child;

(2) To prevent neglect of the child;

(3) To avoid being an unfit parent; or

(4) To eliminate the risk of serious physical,mental or emotional injury to the child; or

(g) With respect to termination of the parental rightsof one parent, the abandonment by that parent.

(Added to NRS by 1975, 964; A 1981, 1755; 1985, 244;1987, 173, 210; 1995, 215; 1999, 2027)

NRS 128.106 Specificconsiderations in determining neglect by or unfitness of parent. In determining neglect by or unfitness of a parent, thecourt shall consider, without limitation, the following conditions which maydiminish suitability as a parent:

1. Emotional illness, mental illness or mentaldeficiency of the parent which renders the parent consistently unable to carefor the immediate and continuing physical or psychological needs of the childfor extended periods of time. The provisions contained in NRS 128.109 apply to the case if the childhas been placed outside his home pursuant to chapter432B of NRS.

2. Conduct toward a child of a physically, emotionallyor sexually cruel or abusive nature.

3. Conduct that violates any provision of NRS 200.463, 200.464 or 200.465.

4. Excessive use of intoxicating liquors, controlledsubstances or dangerous drugs which renders the parent consistently unable tocare for the child.

5. Repeated or continuous failure by the parent,although physically and financially able, to provide the child with adequatefood, clothing, shelter, education or other care and control necessary for hisphysical, mental and emotional health and development, but a person who,legitimately practicing his religious beliefs, does not provide specifiedmedical treatment for a child is not for that reason alone a negligent parent.

6. Conviction of the parent for commission of afelony, if the facts of the crime are of such a nature as to indicate theunfitness of the parent to provide adequate care and control to the extentnecessary for the childs physical, mental or emotional health and development.

7. Unexplained injury or death of a sibling of thechild.

8. Inability of appropriate public or private agenciesto reunite the family despite reasonable efforts on the part of the agencies.

(Added to NRS by 1981, 1751; A 1989, 1187; 1995, 361;2005, 89)

NRS 128.107 Specificconsiderations where child is not in physical custody of parent. If a child is not in the physical custody of the parent orparents, the court, in determining whether parental rights should beterminated, shall consider, without limitation:

1. The services provided or offered to the parent orparents to facilitate a reunion with the child.

2. The physical, mental or emotional condition andneeds of the child and his desires regarding the termination, if the courtdetermines he is of sufficient capacity to express his desires.

3. The effort the parent or parents have made toadjust their circumstances, conduct or conditions to make it in the childsbest interest to return him to his home after a reasonable length of time,including but not limited to:

(a) The payment of a reasonable portion of substitutephysical care and maintenance, if financially able;

(b) The maintenance of regular visitation or othercontact with the child which was designed and carried out in a plan to reunitethe child with the parent or parents; and

4. Whether additional services would be likely tobring about lasting parental adjustment enabling a return of the child to theparent or parents within a predictable period.

For purposesof this section, the court shall disregard incidental conduct, contributions,contacts and communications.

(Added to NRS by 1981, 1751; A 1987, 173)

NRS 128.108 Specificconsiderations where child has been placed in foster home. If a child is in the custody of a public or private agencyand has been placed and resides in a foster home and the custodial agencyinstitutes proceedings pursuant to this chapter regarding the child, with anultimate goal of having the childs foster parent or parents adopt him, thecourt shall consider whether the child has become integrated into the fosterfamily to the extent that his familial identity is with that family, andwhether the foster family is able and willing permanently to treat the child asa member of the family. The court shall consider, without limitation:

1. The love, affection and other emotional tiesexisting between the child and the parents, and the childs ties with thefoster family.

2. The capacity and disposition of the childs parentsfrom whom the child was removed as compared with that of the foster family togive the child love, affection and guidance and to continue the education ofthe child.

3. The capacity and disposition of the parents fromwhom the child was removed as compared with that of the foster family toprovide the child with food, clothing and medical care and to meet otherphysical, mental and emotional needs of the child.

4. The length of time the child has lived in a stable,satisfactory foster home and the desirability of his continuing to live in thatenvironment.

5. The permanence as a family unit of the fosterfamily.

6. The moral fitness, physical and mental health ofthe parents from whom the child was removed as compared with that of the fosterfamily.

7. The experiences of the child in the home, schooland community, both when with the parents from whom he was removed and whenwith the foster family.

8. Any other factor considered by the court to berelevant to a particular placement of the child.

(Added to NRS by 1981, 1752)

NRS 128.109 Determinationof conduct of parent; presumptions.

1. If a child has been placed outside of his homepursuant to chapter 432B of NRS, thefollowing provisions must be applied to determine the conduct of the parent:

(a) If the child has resided outside of his homepursuant to that placement for 14 months of any 20 consecutive months, it mustbe presumed that the parent or parents have demonstrated only token efforts tocare for the child as set forth in paragraph (f) of subsection 2 of NRS 128.105.

(b) If the parent or parents fail to complysubstantially with the terms and conditions of a plan to reunite the familywithin 6 months after the date on which the child was placed or the plan wascommenced, whichever occurs later, that failure to comply is evidence offailure of parental adjustment as set forth in paragraph (d) of subsection 2 ofNRS 128.105.

2. If a child has been placed outside of his homepursuant to chapter 432B of NRS and hasresided outside of his home pursuant to that placement for 14 months of any 20consecutive months, the best interests of the child must be presumed to beserved by the termination of parental rights.

3. The presumptions specified in subsections 1 and 2must not be overcome or otherwise affected by evidence of failure of the Stateto provide services to the family.

(Added to NRS by 1987, 172; A 1993, 2690; 1995, 361; 1999, 2028)

NRS 128.110 Orderterminating parental rights; preference for placement of child with certainrelatives and his siblings; period for completion of search for relative.

1. Whenever the procedure described in this chapterhas been followed, and upon finding grounds for the termination of parentalrights pursuant to NRS 128.105 at ahearing upon the petition, the court shall make a written order, signed by thejudge presiding in the court, judicially depriving the parent or parents of thecustody and control of, and terminating the parental rights of the parent orparents with respect to the child, and declaring the child to be free from suchcustody or control, and placing the custody and control of the child in someperson or agency qualified by the laws of this State to provide services andcare to children, or to receive any children for placement.

2. If the child is placed in the custody and controlof a person or agency qualified by the laws of this State to receive childrenfor placement, the person or agency, in seeking to place the child:

(a) May give preference to the placement of the childwith any person related within the third degree of consanguinity to the childwhom the person or agency finds suitable and able to provide proper care andguidance for the child, regardless of whether the relative resides within thisState.

(b) Shall, if practicable, give preference to theplacement of the child together with his siblings.

Any searchfor a relative with whom to place a child pursuant to this subsection must be completedwithin 1 year after the initial placement of the child outside of his home.

[11:161:1953](NRS A 1975, 966; 1981, 1755; 1991,1177; 1999, 2028)

NRS 128.120 Effectof order. Any order made and entered by thecourt under the provisions of NRS 128.110is conclusive and binding upon the person declared to be free from the custodyand control of his parent or parents, and upon all other persons who have beenserved with notice by publication or otherwise, as provided by this chapter.After the making of the order, the court has no power to set aside, change ormodify it, but nothing in this chapter impairs the right of appeal.

[12:161:1953](NRS A 1981, 1756)

NRS 128.130 Noticeto produce; warrant of arrest; contempts. Atany time after the filing of the petition, notice may issue requiring anyperson having the custody or control of such minor person, or the person withwhom such person is, to appear with such person at a time and place stated inthe notice. In case such notice cannot be served, or the party served fails,without reasonable cause, to obey it, a warrant of arrest shall issue on the orderof the court against the person so cited, or against the minor himself, oragainst both; or, if there is no party to be served with such notice, a warrantof arrest may be issued against the minor person. If any party noticed, asprovided for in this section, fails without reasonable cause to appear andabide by the order of the court, or to bring such minor person, such failureshall constitute a contempt of court.

[13:161:1953]

NRS 128.140 Expensesto be county charges. All expenses incurred incomplying with the provisions of this chapter shall be a county charge if soordered by the court.

[14:161:1953](NRS A 1975, 967)

NRS 128.150 Terminationof parental rights of father when child becomes subject of adoption.

1. If a mother relinquishes or proposes to relinquishfor adoption a child who has:

(a) A presumed father under subsection 1 of NRS 126.051;

(b) A father whose relationship to the child has beendetermined by a court; or

(c) A father as to whom the child is a legitimate childunder chapter 126 of NRS, under prior law ofthis State or under the law of another jurisdiction,

and thefather has not consented to the adoption of the child or relinquished the childfor adoption, a proceeding must be brought pursuant to this chapter and a determinationmade of whether a parent and child relationship exists and if so, if it shouldbe terminated.

2. If a mother relinquishes or proposes to relinquishfor adoption a child who does not have:

(a) A presumed father under subsection 1 of NRS 126.051;

(b) A father whose relationship to the child has beendetermined by a court;

(c) A father as to whom the child is a legitimate childunder chapter 126 of NRS, under prior law ofthis State or under the law of another jurisdiction; or

(d) A father who can be identified in any other way,

or if achild otherwise becomes the subject of an adoption proceeding, the agency orperson to whom the child has been or is to be relinquished, or the mother orthe person having custody of the child, shall file a petition in the districtcourt to terminate the parental rights of the father, unless the fathersrelationship to the child has been previously terminated or determined not toexist by a court.

3. In an effort to identify and protect the interestsof the natural father, the court which is conducting a proceeding pursuant tothis chapter shall cause inquiry to be made of the mother and any otherappropriate person. The inquiry must include the following:

(a) Whether the mother was married at the time of conceptionof the child or at any time thereafter.

(b) Whether the mother was cohabiting with a man at thetime of conception or birth of the child.

(c) Whether the mother has received support payments orpromises of support with respect to the child or in connection with herpregnancy.

(d) Whether any man has formally or informallyacknowledged or declared his possible paternity of the child.

4. If, after the inquiry, the natural father isidentified to the satisfaction of the court, or if more than one man isidentified as a possible father, each must be given notice of the proceeding inaccordance with subsection 6 of this section or with this chapter, asapplicable. If any of them fails to appear or, if appearing, fails to claimcustodial rights, such failure constitutes abandonment of the child. If thenatural father or a man representing himself to be the natural father, claimscustodial rights, the court shall proceed to determine custodial rights.

5. If, after the inquiry, the court is unable to identifythe natural father or any possible natural father and no person has appearedclaiming to be the natural father and claiming custodial rights, the courtshall enter an order terminating the unknown natural fathers parental rightswith reference to the child. Subject to the disposition of any appeal, upon theexpiration of 6 months after an order terminating parental rights is issuedunder this subsection, or this chapter, the order cannot be questioned by anyperson in any manner or upon any ground, including fraud, misrepresentation,failure to give any required notice or lack of jurisdiction of the parties orof the subject matter.

6. Notice of the proceeding must be given to everyperson identified as the natural father or a possible natural father in themanner provided by law and the Nevada Rules of Civil Procedure for the serviceof process in a civil action, or in any manner the court directs. Proof ofgiving the notice must be filed with the court before the petition is heard.

(Added to NRS by 1979, 1277)

NRS 128.160 Bestinterest of child in determining consideration in action to set asidetermination of parental rights after adoption has been granted; presumption.

1. In any action commenced by the natural parent of achild to set aside a court order terminating the parental rights of the naturalparent after a petition for adoption has been granted, the best interests ofthe child must be the primary and determining consideration of the court.

2. After a petition for adoption has been granted,there is a presumption for the purposes of this chapter that remaining in thehome of the adopting parent is in the childs best interest.

(Added to NRS by 1995, 735)

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.