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

Nev. Rev. Stat. § 128.100 (2026)

Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney. [Effective through June 30, 2026.]

✓ current as of July 2026
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NRS 128.100  Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney. [Effective through June 30, 2026.]

      1.  Except as otherwise provided in subsection 2, in any proceeding for terminating parental rights, or any rehearing or appeal thereon, or any proceeding for restoring parental rights, the court may appoint an attorney to represent the child as his or her counsel. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      2.  In any proceeding for the termination of parental rights to a child who has been placed outside of his or her home pursuant to chapter 432B of NRS, or any rehearing or appeal thereon, or any proceeding for restoring parental rights to such a child, the court shall appoint an attorney to represent the child as his or her counsel. The child shall be deemed to be a party to any proceeding described in this section and must be represented by an attorney at all stages of such proceedings. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.

      3.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

      4.  Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

      [10:161:1953]—(NRS A 1981, 1755; 1987, 1301; 1999, 2027; 2001, 1708; 2007, 91; 2017, 1289)

      NRS 128.100  Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney; determination of indigency. [Effective July 1, 2026.]

      1.  Except as otherwise provided in subsection 2, in any proceeding for terminating parental rights, or any rehearing or appeal thereon, or any proceeding for restoring parental rights, the court may appoint an attorney to represent the child as his or her counsel. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

      2.  In any proceeding for the termination of parental rights to a child who has been placed outside of his or her home pursuant to chapter 432B of NRS, or any rehearing or appeal thereon, or any proceeding for restoring parental rights to such a child, the court shall appoint an attorney to represent the child as his or her counsel. The child shall be deemed to be a party to any proceeding described in this section and must be represented by an attorney at all stages of such proceedings. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.

      3.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

      4.  Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses for all time reasonably spent on the proceedings and payment for all expenses reasonably incurred from the proceedings, including, without limitation, time spent and expenses incurred for preparation, hearings and meetings. Such compensation must be paid at a rate not less than the lowest rate paid to attorneys appointed to represent persons charged with a felony in the same jurisdiction.

      5.  For the purposes of this section, a person shall be deemed indigent if:

      (a) The person has a household income that is less than 200 percent of the federally designated level signifying poverty;

      (b) The person is receiving federal assistance through federal programs, including, without limitation, Medicaid, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance or disability insurance benefits under the federal Social Security Act;

      (c) The person resides in public housing; or

      (d) Hiring counsel would pose a financial hardship to the person or his or her child or hinder the ability of the person to obtain services to facilitate reunification with his or her child.

      6.  As used in this section:

      (a) “Public housing” has the meaning ascribed to it in NRS 315.021.

      (b) “Supplemental Nutrition Assistance” means the program established to provide persons of low income with an opportunity to purchase a more nutritious diet pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§ 2011 et seq., as amended.

      (c) “Temporary Assistance for Needy Families” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and other provisions of that act relating to temporary assistance for needy families.

      [10:161:1953]—(NRS A 1981, 1755; 1987, 1301; 1999, 2027; 2001, 1708; 2007, 91; 2017, 1289; 2025, 2203, effective July 1, 2026)

     

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1969–2022 · leading case: Letesheia O. v. State, Div. of Child & Fam. Servs., 115 P.3d 223 (Nev. 2005).
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Letesheia O. v. State, Div. of Child & Fam. Servs., 115 P.3d 223 (Nev. 2005). · cites it 2× “NRS 128.100 allows for that due-process balancing.”
Blakeney v. McRee, 188 So. 3d 1154 (Miss. 2016). “See • Nev.Rev.Stat. Ann. § 128.100(2) (“If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.”
In Re Parental Rights as to NDO, 115 P.3d 223 (Nev. 2005). · cites it 2× “NRS 128.100 allows for that due-process balancing.”
Casper v. Huber, 456 P.2d 436 (Nev. 1969). “NRS 128.100. The county bears the cost of such appointment.”
In Re: Parental Rights as to D.J.M. (Nev. 2016). · cites it 2× “3d at 225 (internal quotation omitted); see also NRS 128.100 (a district court has discretion to appoint counsel for an indigent parent in a termination of parental rights proceeding).”
In Re: Parental Rights as to C.A.T. & C.P.T. (Nev. 2016). · cites it 2× “NRS 128.100(2) allows this court to appoint an indigent parent counsel in a parental termination proceeding, however, SUPREME COURT OF NEVADA 2 (0) 1947A elikp.”
In Re: Parental Rights As To G.J.M., F.M. (Nev. 2022). · cites it 2× “See NRS 128.100(3) (providing that the district court rnay appoint an attorney to represent a parent in termination proceedings).”
In Re: Parental Rights as to S.R.L. (Nev. 2015). · cites it 2× “3d at 761 (providing that this court reviews district court's findings of fact for substantial evidence).”
In Re: Parental Rights As To I.R.H.H., Z.A.H.H. (Nev. 2020). “Nevertheless, the record reveals that the district court appointed counsel who zealously advocated on appellant's behalf.”
In Re: Parental Rights as to A.J.E. (Nev. 2015). “'s best interests were served by the termination of Sylvia's parental rights Sylvia's due process rights were not violated when she was not appointed counsel "If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an…”
— Nev. Rev. Stat. § 128.100(2) — 7 cases
Blakeney v. McRee, 188 So. 3d 1154 (Miss. 2016). “See • Nev.Rev.Stat. Ann. § 128.100(2) (“If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.”
Letesheia O. v. State, Div. of Child & Fam. Servs., 115 P.3d 223 (Nev. 2005). “NRS 128.100 allows for that due-process balancing.”
In Re Parental Rights as to NDO, 115 P.3d 223 (Nev. 2005). “NRS 128.100 allows for that due-process balancing.”
In Re: Parental Rights as to C.A.T. & C.P.T. (Nev. 2016). “NRS 128.100(2) allows this court to appoint an indigent parent counsel in a parental termination proceeding, however, SUPREME COURT OF NEVADA 2 (0) 1947A elikp.”
In Re: Parental Rights as to S.R.L. (Nev. 2015). “3d at 761 (providing that this court reviews district court's findings of fact for substantial evidence).”
— Nev. Rev. Stat. § 128.100(3) — 2 cases
In Re: Parental Rights As To G.J.M., F.M. (Nev. 2022). “See NRS 128.100(3) (providing that the district court rnay appoint an attorney to represent a parent in termination proceedings).”
In Re: Parental Rights As To I.R.H.H., Z.A.H.H. (Nev. 2020). “Nevertheless, the record reveals that the district court appointed counsel who zealously advocated on appellant's behalf.”
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