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.

Source: Section 128.090 — Hearing: Time; procedure; evidence; postponement; closed court; confidentiality of hearings, files and records pertaining to terminating parental rights., https://www.­leg.­state.­nv.­us/NRS/NRS-128.­html#NRS128Sec090.

128.005
Legislative declaration and findings. 128.007
Applicability of chapter. 128.010
Definitions. 128.011
“Abandoned mother” defined. 128.012
“Abandonment of a child” defined. 128.013
“Injury” defined. 128.014
“Neglected child” defined. 128.015
“Parent and child relationship” and “parent” defined. 128.016
“Putative father” defined. 128.018
“Unfit parent” defined. 128.020
Jurisdiction of district courts. 128.023
Proceedings to terminate parental rights of parent of Indian child: Powers and duties of court 128.027
Extent to which court must give full faith and credit to judicial proceedings of Indian tribe. 128.030
Place for filing petition. 128.040
Who may file petition 128.050
Entitlement of proceedings 128.055
Proceedings to be completed within 6 months after filing of petition. 128.060
Notice of hearing: Contents 128.070
Service of notice of hearing by publication: Requirements 128.080
Form of notice. 128.085
Petition by mother of unborn child: Notice to father or putative father 128.087
Hearing to determine whether to transfer venue for parent who objects to venue. 128.090
Hearing: Time 128.091
Evidence of previous sexual conduct inadmissible to challenge child’s credibility 128.093
Testimony of qualified expert witness required in proceedings to terminate parental rights of parent of Indian child. 128.095
When putative father presumed to have intended to abandon child. 128.097
Presumption of abandonment of child by parent. 128.100
Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights 128.105
Grounds for terminating parental rights: Considerations 128.106
Specific considerations in determining neglect by or unfitness of parent. 128.107
Specific considerations where child is not in physical custody of parent. 128.108
Specific considerations where child has been placed in foster home. 128.109
Determination of conduct of parent 128.110
Order terminating parental rights 128.120
Effect of order. 128.0122
“Agency which provides child welfare services” defined. 128.0124
“Child” defined. 128.0126
“Failure of parental adjustment” defined. 128.0128
“Indian child” defined. 128.0129
“Indian Child Welfare Act” defined. 128.130
Notice to produce 128.0137
“Mental injury” defined. 128.140
Expenses to be county charges. 128.150
Termination of parental rights of father when child becomes subject of adoption. 128.0155
“Plan” defined. 128.160
Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted 128.170
Restoration of parental rights: Petition 128.180
Restoration of parental rights: Notice of hearing 128.190
Restoration of parental rights: Hearing
Last Updated

Feb. 5, 2021

§ 128.090’s source at nv​.us