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.

Source: Section 128.109 — Determination of conduct of parent; presumptions., https://www.­leg.­state.­nv.­us/NRS/NRS-128.­html#NRS128Sec109 (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

§ 128.109. Determination of conduct of parent's source at nv​.us