reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.282 - Petition for order to restrain and enjoin violation or threatened violation of chapter; investigation of unreported adoption or permanent free care of unrelated child.

1. Whenever the agency which provides child welfare services believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The agency which provides child welfare services may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the petition by the agency which provides child welfare services and proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815; or
(2) Proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
2. Whenever the agency which provides child welfare services believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the agency which provides child welfare services does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued pursuant to NRS 424.030 if the home meets established standards. If, in the opinion of the agency which provides child welfare services, the placement is detrimental to the interest of the child, the agency which provides child welfare services shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of NRS 127.2815.
(Added to NRS by 1993, 69; A 1993, 2733; 2001 Special Session, 12)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.283 - Publication or broadcast of information concerning child.

1. An agency which provides child welfare services or any child-placing agency may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.
2. A child-placing agency shall not publish or broadcast:
(a) Any personal information which reveals the identity of the child or his or her parents; or
(b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.
(Added to NRS by 1977, 664; A 1993, 2689; 2001 Special Session, 13)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.285 - Limitation on participation of attorneys in adoption proceedings; reporting of violation to bar association; criminal penalty.

1. Any attorney licensed to practice in this state or in any other state:
(a) May not receive compensation for:
(1) Taking part in finding children for adoption; or
(2) Finding parents to adopt children.
(b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.
2. An agency which provides child welfare services shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1965, 1336; A 1993, 459, 2738; 2001 Special Session, 13)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.287 - Payment to or acceptance by natural parent of compensation in return for placement for or consent to adoption of child.

1. Except as otherwise provided in subsection 3, it is unlawful for any person to pay or offer to pay money or anything of value to the natural parent of a child in return for the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.
2. It is unlawful for any person to receive payment for medical and other necessary expenses related to the birth of a child from a prospective adoptive parent with the intent of not consenting to or completing the adoption of the child.
3. A person may pay the medical and other necessary living expenses related to the birth of a child of another as an act of charity so long as the payment is not contingent upon the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.
4. This section does not prohibit a natural parent from refusing to place a child for adoption after its birth.
5. The provisions of this section do not apply if a woman enters into a lawful contract to act as a gestational carrier, as defined in NRS 126.580.
(Added to NRS by 1987, 2049; A 2013, 812)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.288 - Penalty for unlawful payment to or acceptance by natural parent of compensation.

A person who violates the provisions of:
1. Subsection 1 of NRS 127.287 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Subsection 2 of NRS 127.287 is guilty of a gross misdemeanor.
(Added to NRS by 1987, 2049; A 1995, 1244)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.290 - Acceptance of fees or compensation for placing or arranging placement of child.

1. Except as otherwise provided in NRS 127.275 and 127.285, no person who does not have in full force a license to operate a child-placing agency may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.
2. A licensed child-placing agency may accept fees for operational expenses.
(Added to NRS by 1963, 1299; A 1965, 1336; 1979, 239; 1987, 621; 1993, 2689)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.300 - Penalty for receipt of compensation by unlicensed person for placing or arranging placement of child.

1. Except as otherwise provided in NRS 127.275, 127.285, 200.463, 200.4631, 200.464 and 200.465, a person who, without holding a valid license to operate a child-placing agency issued by the Division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of any child for adoption or permanent free care is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The natural parents and the adopting parents are not accomplices for the purpose of this section.
(Added to NRS by 1963, 1300; A 1965, 1336; 1967, 531, 1151; 1973, 1406; 1979, 239, 1460; 1987, 621; 1989, 1186; 1993, 2689; 1995, 1244; 2005, 89; 2013, 1856)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.310 - Unlawful placement or advertising; penalty.

1. Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than an agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the Division:
(a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
(b) Advertises that he or she will place children for adoption or permanent free care, or accept, supply, provide or obtain children for adoption or permanent free care, or causes any advertisement to be disseminated soliciting, requesting or asking for any child or children for adoption or permanent free care,
is guilty of a misdemeanor.
2. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.
3. A periodical, newspaper, radio station, Internet website or other public medium is not subject to any criminal penalty or civil liability for disseminating an advertisement that violates the provisions of this section.
4. A child-placing agency shall include in any advertisement concerning its services a statement which:
(a) Confirms that the child-placing agency holds a valid, unrevoked license issued by the Division; and
(b) Indicates any license number issued to the child-placing agency by the Division.
5. As used in this section:
(a) "Advertise" or "advertisement" means a communication that originates within this State by any public medium, including, without limitation, a newspaper, periodical, telephone book listing, outdoor advertising, sign, radio, television or a computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account.
(b) "Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store information in an electronic device in order to view, create, use or edit the account information, profile, display, communications or stored data of the user.
(Added to NRS by 1961, 752; A 1963, 891, 1301; 1965, 1336; 1967, 1151; 1973, 1406; 1979, 239; 1993, 73, 459, 2689, 2737, 2738; 2001 Special Session, 13; 2009, 1355; 2015, 2015)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.340 - Administrator of compact: Service at pleasure of Governor; cooperation with all departments, agencies and officers.

The administrator of the compact shall serve at the pleasure of the Governor. The administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under the compact.
(Added to NRS by 1985, 606)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.350 - Supplementary agreements.

The administrator of the compact shall enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
(Added to NRS by 1985, 606)
2023 Nevada Revised Statutes › Chapter 127 - Adoption of Children and Adults › NRS 127.420 - Administrator of compact: Service at pleasure of Governor; cooperation with all departments, agencies and officers.

The administrator of the compact shall serve at the pleasure of the Governor. The administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under the compact.
(Added to NRS by 1987, 309)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.005 - Legislative declaration and findings.

1. The Legislature declares that the preservation and strengthening 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 a matter of such importance in order to safeguard the rights of parent and child as to require judicial determination.
(b) Judicial selection of the person or agency to be entrusted with the custody and control of a child after such severance promotes the welfare of the parties and of this State.
(c) The continuing needs of a child for proper physical, mental and emotional growth and development are the decisive considerations in proceedings for termination of parental rights.
(Added to NRS by 1975, 963; A 1981, 1752)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.007 - Applicability of chapter.

The provisions of this chapter, to the extent they do not conflict with the provisions of NRS 432B.5901 to 432B.5908, inclusive, apply to all proceedings concerning the termination of parental rights that are commenced pursuant to NRS 432B.5901 by an agency which provides child welfare services.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, have the 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)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.011 - "Abandoned mother" defined.

A mother is "abandoned" if the father or putative father has not provided for her support during her pregnancy or has not communicated with her for a period beginning no later than 3 months after conception and extending to the birth of the child.
(Added to NRS by 1975, 964)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.012 - "Abandonment of a child" defined.

1. "Abandonment of a child" means any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child.
2. If a parent or parents of a child leave the child in the care and custody of another without provision for the child’s support and without communication for a period of 6 months, or if the child is left under such circumstances that the identity of the parents is unknown and cannot be ascertained despite diligent searching, and the parents do not come forward to claim the child within 3 months after the child is found, the parent or parents are presumed to have intended to abandon the child.
(Added to NRS by 1975, 963; A 1981, 1753)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.0126 - "Failure of parental adjustment" defined.

"Failure of parental adjustment" occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the State or a private person or agency to return the child to his or her home.
(Added to NRS by 1987, 172)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.013 - "Injury" defined.

1. "Injury" to a child’s health or welfare occurs when the parent, guardian or custodian:
(a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;
(b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;
(c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he or she is financially able to do so or has been offered financial or other reasonable means to do so; or
(d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:
(1) An agency which provides child welfare services; or
(2) The juvenile or family court itself.
2. A child’s health or welfare is not considered injured solely because the child’s parent or guardian, in the practice of his or her religious beliefs, 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; 2001 Special Session, 14)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.014 - "Neglected child" defined.

"Neglected child" includes a child:
1. Who lacks the proper parental care by reason of the fault or habits of his or her parent, guardian or custodian;
2. Whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for the child’s health, morals or well-being;
3. Whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by the child’s physical or mental condition;
4. Who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons; or
5. Who engages or is in a situation dangerous to life or limb, or injurious to health or morals of the child or others,
and the parent’s neglect need not be willful.
(Added to NRS by 1975, 964; A 1981, 1753)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.015 - "Parent and child relationship" and "parent" defined.

1. "Parent and child relationship" includes all rights, privileges and obligations existing between parent and child.
2. As used in this section, "parent" includes an adoptive parent.
(Added to NRS by 1975, 964; A 2011, 142)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.0155 - "Plan" defined.

"Plan" means:
1. A written agreement between the parents of a child who is subject to the jurisdiction of the juvenile court or family court pursuant to title 5 of NRS or chapter 432B of NRS and the agency having custody of the child; or
2. Written conditions and obligations imposed upon the parents directly by the juvenile or family court,
which have a primary objective of reuniting the family or, if the parents neglect or refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.
(Added to NRS by 1981, 1750; A 1985, 1397; 1991, 2180; 2003, 1116)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.018 - "Unfit parent" defined.

"Unfit parent" is any parent of a child who, by reason of the parent’s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support.
(Added to NRS by 1975, 964; A 1981, 1753)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.020 - Jurisdiction of district courts.

Except as otherwise provided in NRS 125E.270, the district courts have jurisdiction in all cases and proceedings under this chapter. The jurisdiction of the district courts extends to any child who should be declared free from the custody and control of either or both of his or her parents.
[2:161:1953]—(NRS A 1975, 965; 1981, 1753; 1995, 783; 2023, 2255)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.023 - Proceedings to terminate parental rights of parent of Indian child: Duties of court; appointment of attorney.

1. If proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall require that notice of the proceedings and any other notice required pursuant to this chapter be provided in accordance with NRS 125E.220.
2. If the court determines that the parent of an Indian child for whom termination of parental rights is sought is indigent, the court:
(a) Shall appoint an attorney to represent the parent; and
(b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,
as provided in the Indian Child Welfare Act.
(Added to NRS by 1995, 782; A 2003, 1116; 2017, 1289; 2023, 2255)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.030 - Place for filing petition.

A petition alleging that a child should be declared free from the custody and control of his or her parent or parents may be filed at the election of the petitioner in:
1. The county in which the child is found;
2. The county in which the acts complained of occurred;
3. The county in which the child resides;
4. The county in which the child is the subject of another court proceeding;
5. The county in which an agency which provides child welfare services is located;
6. The county in which the guardian or custodian of the child resides;
7. The county in which the defendant resides; or
8. The county in which the convenience of the witnesses and the ends of justice would be promoted.
[3:161:1953]—(NRS A 1975, 966; 1981, 1754; 2017, 4071)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.040 - Who may file petition; investigation.

The agency which provides child welfare services, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
[4:161:1953]—(NRS A 1963, 892; 1967, 1151; 1973, 1406; 1975, 966; 1993, 2690; 2001 Special Session, 14)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.050 - Entitlement of proceedings; contents of verified petition.

1. The proceedings must be entitled, "In the matter of the parental rights as to ................, a minor."
2. A petition must be verified and may be upon information and belief. It must set forth plainly:
(a) The facts which bring the child within the purview of this chapter.
(b) The name, age and residence of the child.
(c) The names and residences of the parents of the child.
(d) The name and residence of the person or persons having physical custody or control of the child.
(e) The name and residence of the child’s legal guardian, if there is one.
(f) The name and residence of the child’s nearest known relative, if no parent or guardian can be found.
(g) Whether the petitioner has reason to know that the child is an Indian child.
3. If any of the facts required by subsection 2 are not known by the petitioner, the petition must so state.
4. If the petitioner is a mother filing with respect to her unborn child, the petition must so state and must contain the name and residence of the father or putative father, if known.
5. If the petitioner or the child is receiving public assistance, the petition must so state.
[5:161:1953]—(NRS A 1975, 966; 1981, 1754; 1995, 783, 2420; 2017, 749; 2023, 2256)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.055 - Proceedings to be completed within 6 months after filing of petition.

Except as otherwise required by specific statute, the court shall use its best efforts to ensure that proceedings conducted pursuant to this chapter are completed within 6 months after the petition is filed.
(Added to NRS by 1999, 2027)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.060 - Notice of hearing: Contents; personal service to certain persons; petitioner to mail notice to Department of Health and Human Services if petitioner or child is receiving public assistance.

1. After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.
2. Except as otherwise provided in subsection 4 and NRS 128.070, the following persons must be personally served with the notice:
(a) Either parent of the minor person, if his or her place of residence is known to the petitioner, or if the place of residence of either parent is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the State, and if his or her residence and relationship are known to the petitioner; and
(b) The minor’s legal custodian or guardian, if his or her place of residence is known to the petitioner.
3. If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the Chief of the Child Support Enforcement Program of the Division of Welfare and Supportive Services of the Department of Health and Human Services by registered or certified mail return receipt requested at least 45 days before the hearing.
4. A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.
[6:161:1953]—(NRS A 1987, 119; 1995, 2420; 2017, 682, 749, 771)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.080 - Form of notice.

Except as otherwise provided in subsection 3 of NRS 128.070, the notice must be in substantially the following form:
In the .................... Judicial District Court of the State of Nevada,
in and for the County of .........................
In the matter of parental rights
as to ........................, a minor.
Notice
To ........................, parent No. 1 or ........................, parent No. 2 of the above-named person; or, to the parents of the above-named person, and to all persons claiming to be either parent of this person; or, to ........................, related to the above-named minor as ........................; and, to ........................, the legal custodian or guardian of the above-named minor:
You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ........................, in the County of ........................, on the .......... day of the month of ………. of the year ....... at........ o’clock ........m., at which time and place you are required to be present if you desire to oppose the petition.
Dated ........ (month) ........ (day) ........ (year)
.......................................................................
Clerk of Court
(SEAL)
By..................................................................
Deputy
[8:161:1953]—(NRS A 1981, 126; 1987, 121; 2001, 34; 2017, 751, 772)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.085 - Petition by mother of unborn child: Notice to father or putative father; time of hearing.

When the mother of an unborn child files a petition for termination of the father’s parental rights, the father or putative father, if known, shall be served with notice of the hearing in the manner provided for in NRS 128.060, 128.070 and 128.080. The hearing may be held at any time after the birth of the child and service on the father or putative father, if known, is complete.
(Added to NRS by 1975, 965; A 2017, 751)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.087 - Hearing to determine whether to transfer venue for parent who objects to venue.

1. If a petition for termination of parental rights has been filed and a parent whose consent is required objects in writing to venue, the court must conduct a hearing to determine whether to transfer venue to another county. For the purpose of determining whether to transfer venue to another county, the court shall consider the ease of access to the court for the defendant and the factors set forth in NRS 13.050 and 128.030.
2. For the purpose of conducting a hearing pursuant to subsection 1, a party or witness located in another jurisdiction may testify by telephone or audiovisual or other electronic means.
(Added to NRS by 2017, 4070)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.090 - Hearing: Time; procedure; evidence; postponement; closed court; confidentiality of hearings, files and records pertaining to terminating parental rights.

1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and 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 and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.
3. Information contained in a report filed pursuant to NRS 432.097 to 432.130, inclusive, or chapter 432B of NRS may not be excluded from the 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 Civil Procedure.
5. Any hearing held pursuant to this section must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court determines that holding such a hearing in open court will not be detrimental to the child.
6. Except as otherwise provided in subsection 7, any hearing held pursuant to NRS 128.005 to 128.150, inclusive, is confidential and must be held in closed court without the admittance of any person other than the petitioner, attorneys, any witnesses, the director of an agency which provides child welfare services or an authorized representative of such person and any other person entitled to notice, except by order of the court.
7. The files and records of the court in a proceeding to terminate parental rights pursuant to NRS 128.005 to 128.150, inclusive, are not open to inspection by any person except:
(a) The person petitioning for the termination of parental rights and a person who intends to file a response to such a petition; or
(b) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor.
[9:161:1953]—(NRS A 1969, 95; 1981, 1754; 1985, 128, 1398; 1991, 199; 2017, 752)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.091 - Evidence of previous sexual conduct inadmissible to challenge child’s credibility; exceptions.

In any proceeding held pursuant to this chapter involving a child who has been the subject of a proceeding pursuant to chapter 432B of NRS, a party may not present evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the attorney for the child has first presented evidence or the child has testified concerning such conduct, or the absence of such conduct, on direct examination by the district attorney or the attorney for the child, in which case the scope of the cross-examination of the child or rebuttal must be limited to the evidence presented by the child’s attorney or the child.
(Added to NRS by 2013, 409)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.093 - Testimony of qualified expert witness required in proceedings to terminate parental rights of parent of Indian child.

1. Any proceedings to terminate the parental rights of the parent of an Indian child pursuant to this chapter must include the testimony of at least one qualified expert witness as provided in the Indian Child Welfare Act.
2. As used in this section, "qualified expert witness" includes, without limitation:
(a) An Indian person who has personal knowledge about the Indian child’s tribe and its customs related to raising a child and the organization of the family; and
(b) A person who has:
(1) Substantial experience and training regarding the customs of Indian tribes related to raising a child; and
(2) Extensive knowledge of the social values and cultural influences of Indian tribes.
(Added to NRS by 1995, 782)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.095 - When putative father presumed to have intended to abandon child.

If the putative father of a child fails to acknowledge the child or petition to have his parental rights established in a court of competent jurisdiction before a hearing on a petition to terminate his parental rights, he is presumed to have intended to abandon the child.
(Added to NRS by 1975, 964; A 1979, 1284)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.097 - Presumption of abandonment of child by parent.

If a parent of a child:
1. Engages in conduct that violates any provision of NRS 200.463, 200.4631, 200.464 or 200.465; or
2. Voluntarily delivers a child to a provider of emergency services pursuant to NRS 432B.630,
the parent is presumed to have abandoned the child.
(Added to NRS by 1989, 1186; A 2001, 1264; 2005, 89; 2013, 1856)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.100 - Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney.

1. Except as otherwise provided in subsection 2, in any proceeding for terminating parental rights, or any rehearing or appeal thereon, or any proceeding for restoring parental rights, the court may appoint an attorney to represent the child as his or her counsel. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.
2. In any proceeding for the termination of parental rights to a child who has been placed outside of his or her home pursuant to chapter 432B of NRS, or any rehearing or appeal thereon, or any proceeding for restoring parental rights to such a child, the court shall appoint an attorney to represent the child as his or her counsel. The child shall be deemed to be a party to any proceeding described in this section and must be represented by an attorney at all stages of such proceedings. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.
3. If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.
4. Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.
[10:161:1953]—(NRS A 1981, 1755; 1987, 1301; 1999, 2027; 2001, 1708; 2007, 91; 2017, 1289)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.105 - Grounds for terminating parental rights: Considerations; required findings.

1. The primary consideration in any proceeding to terminate parental rights 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 in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:
(a) The best interests of the child would be served by the termination of parental rights; and
(b) The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:
(1) Abandonment of the child;
(2) Neglect of the child;
(3) Unfitness of the parent;
(4) Failure of parental adjustment;
(5) Risk of serious physical, mental or emotional injury to the child if the child were returned to, or remains in, the home of his or her parent or parents;
(6) Only token efforts by the parent or parents:
(I) To support or communicate with the child;
(II) To prevent neglect of the child;
(III) To avoid being an unfit parent; or
(IV) To eliminate the risk of serious physical, mental or emotional injury to the child;
(7) With respect to termination of the parental rights of one parent, the abandonment by that parent; or
(8) The child was conceived as a result of a sexual assault for which the natural parent was convicted.
2. Before making a finding pursuant to subparagraph (5) of paragraph (b) of subsection 1, if the child has been out of the care of his or her parent or guardian for at least 12 consecutive months, the court shall consider, without limitation:
(a) The placement options for the child;
(b) The age of the child; and
(c) The developmental, cognitive and psychological needs of the child.
(Added to NRS by 1975, 964; A 1981, 1755; 1985, 244; 1987, 173, 210; 1995, 215; 1999, 2027; 2015, 1184; 2017, 752)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.106 - Specific considerations in determining neglect by or unfitness of parent.

1. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:
(a) Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his or her home pursuant to chapter 432B of NRS.
(b) Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.
(c) Conduct that violates any provision of NRS 200.463, 200.4631, 200.464 or 200.465.
(d) Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.
(e) 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.
(f) Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.
(g) Whether the child, a sibling of the child or another child in the care of the parent suffered a physical injury resulting in substantial bodily harm, a near fatality or fatality for which the parent has no reasonable explanation and for which there is evidence that such physical injury or death would not have occurred absent abuse or neglect of the child by the parent.
(h) Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.
2. As used in this section, "near fatality" has the meaning ascribed to it in NRS 432B.175.
(Added to NRS by 1981, 1751; A 1989, 1187; 1995, 361; 2005, 89; 2013, 1856; 2015, 1185)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.107 - Specific considerations where child is not in physical custody of parent.

If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated, shall consider, without limitation:
1. The services provided or offered to the parent or parents to facilitate a reunion with the child.
2. The physical, mental or emotional condition and needs of the child and the child’s desires regarding the termination, if the court determines the child is of sufficient capacity to express his or her desires.
3. The effort the parent or parents have made to adjust their circumstances, conduct or conditions to make it in the child’s best interest to return the child to his or her home after a reasonable length of time, including but not limited to:
(a) The payment of a reasonable portion of substitute physical care and maintenance, if financially able;
(b) The maintenance of regular visitation or other contact with the child which was designed and carried out in a plan to reunite the child with the parent or parents; and
(c) The maintenance of regular contact and communication with the custodian of the child.
4. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent or parents within a predictable period.
For purposes of this section, the court shall disregard incidental conduct, contributions, contacts and communications.
(Added to NRS by 1981, 1751; A 1987, 173)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.108 - Specific considerations where child has been placed in foster home.

If a child is in the custody of a public or private agency and has been placed and resides in a foster home and the custodial agency institutes proceedings pursuant to this chapter regarding the child, with an ultimate goal of having the child’s foster parent or parents adopt the child, the court shall consider whether the child has become integrated into the foster family to the extent that the child’s familial identity is with that family, and whether the foster family is able and willing permanently to treat the child as a member of the family. The court shall consider, without limitation:
1. The love, affection and other emotional ties existing between the child and the parents, and the child’s ties with the foster family.
2. The capacity and disposition of the child’s parents from whom the child was removed as compared with that of the foster family to give the child love, affection and guidance and to continue the education of the child.
3. The capacity and disposition of the parents from whom the child was removed as compared with that of the foster family to provide the child with food, clothing and medical care and to meet other physical, 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 the child continuing to live in that environment.
5. The permanence as a family unit of the foster family.
6. The moral fitness, physical and mental health of the parents from whom the child was removed as compared with that of the foster family.
7. The experiences of the child in the home, school and community, both when with the parents from whom the child was removed and when with the foster family.
8. Any other factor considered by the court to be relevant to a particular placement of the child.
(Added to NRS by 1981, 1752)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.109 - Determination of conduct of parent; presumptions.

1. If a child has been placed outside of his or her home pursuant to chapter 432B of NRS, the following provisions must be applied to determine the conduct of the parent:
(a) If the child has resided outside of his or her home pursuant to that placement for 14 months of any 20 consecutive months, it must be presumed that the parent or parents have demonstrated only token efforts to care for the child as set forth in subparagraph (6) of paragraph (b) of subsection 1 of NRS 128.105.
(b) If the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment as set forth in subparagraph (4) of paragraph (b) of subsection 1 of NRS 128.105.
2. If a child has been placed outside of his or her home pursuant to chapter 432B of NRS and has resided outside of his or her home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.
3. The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the State to provide services to the family.
(Added to NRS by 1987, 172; A 1993, 2690; 1995, 361; 1999, 2028; 2015, 1185)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.110 - Order terminating parental rights; preference for placement of child with certain relatives and siblings of child; period for completion of search for relative.

1. Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this State to provide services and care to children, or to receive any children for placement. The termination of parental rights pursuant to this section does not terminate the right of the child to inherit from his or her parent or parents, except that the right to inherit terminates if the child is adopted as provided in NRS 127.160.
2. If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child:
(a) May give preference to the placement of the child with any person related within the fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.
(b) Shall, if practicable, give preference to the placement of the child together with his or her siblings.
Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.
[11:161:1953]—(NRS A 1975, 966; 1981, 1755; 1991, 1177; 1999, 2028; 2009, 220; 2011, 142)
2023 Nevada Revised Statutes › Chapter 128 - Termination of Parental Rights › NRS 128.120 - Effect of order.

Any order made and entered by the court under the provisions of NRS 128.110 is conclusive and binding upon the person declared to be free from the custody and control of his or her parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this chapter. After the making of the order, except as otherwise provided in NRS 128.190, the court has no power to set aside, change or modify it, but nothing in this chapter impairs the right of appeal.
[12:161:1953]—(NRS A 1981, 1756; 2007, 92)