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.

Source: Section 128.106 — Specific considerations in determining neglect by or unfitness of parent., https://www.­leg.­state.­nv.­us/NRS/NRS-128.­html#NRS128Sec106.

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

Jun. 24, 2021

§ 128.106’s source at nv​.us