NRS 128.190
Restoration of parental rights: Hearing

  • required findings to grant petition
  • effect of order restoring parental rights.

1.

If a valid petition is filed pursuant to NRS 128.170, the court shall hold a hearing to determine whether to restore the parental rights of the natural parent or parents.

2.

Before granting a petition for the restoration of parental rights, the court must find that:

(a)

If any child who is the subject of the petition is 14 years of age or older, the child consents to the restoration of parental rights.

(b)

The natural parent or parents for whom restoration of parental rights is sought have been informed of the legal obligations, rights and consequences of the restoration of parental rights and that the natural parent or parents are willing and able to accept such obligations, rights and consequences.

3.

If the court finds the necessary facts pursuant to subsection 2, the court shall order the restoration of parental rights if the court further finds by a preponderance of the evidence that:

(a)

The child is not likely to be adopted; and

(b)

Restoration of parental rights of the natural parent or parents is in the best interests of the child.

4.

If the court restores the parental rights of the natural parent or parents of a child who is less than 14 years of age, the court shall specify in its order the factual basis for its findings that it is in the best interests of the child to restore the parental rights of the natural parent or parents.

5.

Upon the entry of an order for the restoration of parental rights issued pursuant to this section, any child who is the subject of the petition becomes the legal child of the natural parent or parents whose rights have been restored, and they shall become the child’s legal parents on that date with all the rights and duties of parents.

Source: Section 128.190 — Restoration of parental rights: Hearing; required findings to grant petition; effect of order restoring parental rights., https://www.­leg.­state.­nv.­us/NRS/NRS-128.­html#NRS128Sec190.

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

§ 128.190’s source at nv​.us