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.

Source: Section 128.105 — Grounds for terminating parental rights: Considerations; required findings., https://www.­leg.­state.­nv.­us/NRS/NRS-128.­html#NRS128Sec105 (accessed May 26, 2025).

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

May 26, 2025

§ 128.105. Grounds for terminating parental rights: Considerations's source at nv​.us