Nev. Rev. Stat. » NRS: CHAPTER 128 - TERMINATION OF PARENTAL RIGHTS
Nevada Revised Statutes

Nev. Rev. Stat. § 128.0126 (2026)

“Failure of parental adjustment” defined

✓ current as of July 2026
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NRS 128.0126  “Failure of parental adjustment” defined.  “Failure of parental adjustment” occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the State or a private person or agency to return the child to his or her home.

      (Added to NRS by 1987, 172)

     

Notes of Decisions
Cited in 33 cases (3 in the last 5 years), 1990–2022 · leading case: Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997).
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Gonzales v. Dep't of Human Resources, 933 P.2d 198 (Nev. 1997). · cites it 6× “(quoting NRS 128.0126, which defines "failure of parental adjustment").”
Diana L. N. v. State, Dep't of Human Resources, Div. of Child & Fam. Servs., 55 P.3d 955 (Nev. 2002). · cites it 2× “Under NRS 128.0126, when a parent is unable or unwilling to correct the circumstances, conduct or conditions that led to the placement of a child outside the home, there is a failure to adjust.”
Deck v. State Dep't of Human Resources, 930 P.2d 760 (Nev. 1997). · cites it 4× “The language in the first sentence of the above quote tracks the statutory definition of "failure of parental adjustment" found in NRS 128.0126. [12] *767 Michele contends that she met every condition that was written into her case plan.”
Kenosha Cnty. Dep't of Human Servs. v. Jodie W., 2006 WI 93 (Wis. 2006). “at 959 (citing NRS 128.0126). In addition, if a parent fails to comply substantially with the case plan that includes conditions necessary for the return of the child within six months, there is a presumption of failure to adjust.”
Vincent L. G. v. State Div. of Child & Fam. Servs., Dep't of Human Resources, 92 P.3d 1230 (Nev. 2004). “See NRS 128.0126; NRS 128.107. See NRS 432B.540(2) (providing that DCFS place the children as near to the parents as “is consistent with the best interests and special needs of the child”).”
Richard J. K. v. State, Div. of Child & Fam. Servs., 58 P.3d 181 (Nev. 2002). “See NRS 128.0126 (“ ‘Failure of parental adjustment’ occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home,…”
Matter of Parental Rights as to Bow, 930 P.2d 1128 (Nev. 1997). · cites it 2× “018 (defining unfit parent as one who has by his or her own fault failed to provide the child with proper care) and NRS 128.106 (listing specific considerations in determining neglect by unfit parents).”
Parental Rights as to Daniels v. Dep't of Human Resources, Div. of Child & Fam. Servs., 953 P.2d 1 (Nev. 1998). · cites it 2× “"Failure of parental adjustment" occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home, notwithstanding reasonable and…”
Charles C.L.A. v. State Div. of Child & Fam. Servs., Dep't of Health & Human Resources, 273 P.3d 852 (Nev. 2012). “012; NRS 128.0126; NRS 128.014; NRS 128.018; NRS 128.”
Montgomery v. State, 917 P.2d 949 (Nev. 1996). “105 arises when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, *729 conduct or conditions which led to the placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by…”
Matter of Parental Rights as to DRH, 92 P.3d 1230 (Nev. 2004). “[13] See NRS 128.0126; NRS 128.107. [14] See NRS 432B.”
Matter of Parental Rights as to KDL, 58 P.3d 181 (Nev. 2002). “[21] See NRS 128.0126 ("`Failure of parental adjustment' occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home,…”
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