Case Number: 2021-030151


In Appeals

A 6-year-old girl’s father filed a Nevada Supreme Court appeal of an Order Granting the State’s Motion to Terminate Parental Rights entered on September 15, 2021. On or about July 22, 2019, the State of Nevada initially filed a Petition – Abuse/Neglect because of concerns that the parents both abused substances and the father physically abused the little girl. The Court substantiated the Petition, in part, against both parents and took wardship of the minor child on January 14, 2020. On July 17, 2020, the State filed a Motion for Termination of Parental Rights against the parents. The parents entered denials to the Motion and filed several memoranda in opposition to the Motion. At the Initial Termination of Parental Rights hearing on September 14, 2020, both parents entered denials and the Court continued the Termination of Parental Rights Trial to allow counsel an opportunity to identify a third-party provider to assess the parents functionality/parenting capacity due to their respective prescription medication use. At a Status Check on Parents Assessment and Continued Motion to Termination of Parental Rights on December 7, 2020, the father violated probation and was arrested on November 13, 2020, so the Court continued the TPR matter multiple times to allow him to participate in the trial following his release from incarceration. Trial on the State’s Motion for Termination of Parental Rights was held April 20-April 21, 2021. Following the father’s testimony on April 21, 2021, and over the State’s objection, the Court granted him 90 days to begin services through the Eighth Judicial District Court’s Adult Drug Court Program on his criminal charges and assess the program requirements. At the July 13, 2021 Status Check, the Court was notified that he would remain in the Adult Drug Program until April 13, 2022 and was scheduled to be released from parole on March 23, 2022. DFS maintained that the father could not be assessed for placement unless he successfully participated in and completed the Adult Drug Court Program. At the Status Check, the Court acknowledged that the father had begun the EJDC Adult Drug Court Program and was residing in a Sober Living Home, which signaled progress. The TPR Trial proceeded on August 25, 2021 and concluded that day. At the conclusion of the trial, the court orally ruled terminating the parental rights of the natural mother and natural father due to their 18 month delay in addressing their substance use and resistance to services. The Court’s Finding of Facts, Conclusions of Law, and Termination of Parental Rights Order were entered on September 15, 2021. On October 1, 2021, the father filed his appeal of the Findings of Fact, Conclusions of Law and Order Granting the State’s Motion to Terminate Parental Rights of the parents. This 6-year-old girl is in need of an attorney to represent her wishes and legal rights as to permanency, placement, and visitation and to ensure appropriate services are in place in this appeal.

 

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