In a termination of parental rights, a two (2) prong test applies and the Party seeking the termination must establish by clear and convincing evidence both parental fault and that the termination is in the best interests of the minor children. Termination of a parent-child relationship is extremely difficult and often not granted. In fact, NRS § 125.005 (2)(a) states, “[s]everance of the parent and child relationship is a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination.”
Parental fault is defined pursuant to NRS § 128.105 (b)(1) through (8). NRS § 128.106 (1)(e) provides that when considering neglect the District Court should look at,
Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for the child’s physical, mental and emotional health and development, but a person who, legitimately practicing his or her religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
However, pursuant to NRS § 128.106 (e), the parent who is the subject of the request to terminate parental rights is allowed to rebut the presumption.
In re Parental Rights as to L.R.S., et al., 140 Nev. Adv. Opn. 62 (September 19, 2024), it was affirmed that a finding of neglect under NRS § 128.106 (1)(e) is not appropriate when a parent does not have physical custody of the children with the decision stating, “we have previously held, “a finding of neglect must be based upon the treatment of the child while the parent has custody: neglect is not established when the child is left by the parent in an environment where the child is known to be receiving proper care. Chapman v. Chapman, 96 Nev. 290, 294, 607 P.2d 1141, 1144 (1980) (emphasis added).”
Termination of parental rights actions are difficult to prevail on due to constitutionally protected rights of parents. In recent years, the Nevada Supreme Court and Court of Appeals have issued cases which have made it much more difficult for parental rights to be terminated. The process of terminating a parent’s parental rights in most cases requires a Trial which is extremely costly and time consuming.