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.
(Added to NRS by 1981,
1751; A 1989,
1187; 1995,
361; 2005,
89; 2013,
1856; 2015,
1185)
Notes of Decisions
Champagne v. WELFARE DIV. OF NEV. STATE DEPT. (1984)
nev · cites it 9×
“” The “considerations” set forth in the section include abandonment, neglect, unfitness of the parent, child abuse and a rather hazy, probably redundant consideration phrased as “[o]nly token efforts by the parent” to avoid or prevent abandonment, neglect, unfitness or abuse.”
Quiana M. B. v. State Department of Family Services (2012)
nev · cites it 4×
“Arthur argues that (1) the family division of the district court improperly admitted the entire “J” file even though it contained hearsay and dou *468 ble hearsay statements, (2) the family division of the district court failed to consider the factors contained in NRS 128.106…”
Roe v. Roe (2023)
nevapp · cites it 6×
“" When a parent has been determined by a district court to be unfit or neglectful, see NRS 128.106, this can be a basis for terminating parental rights.”
Weinper v. Nevada State Department of Human Resources (1996)
nev · cites it 6×
“Among these is "[e]xcessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child." NRS 128.106(4). The district court specifically found that Weinper was unfit as a parent because of his "drug…”
Bush v. State, Department of Human Resources (1996)
nev · cites it 6×
“For determining parental unfitness, NRS 128.106 provides the following guidance: 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: 1.”
Matter of Parental Rights as to QLR (2002)
nev · cites it 2×
“[11] See NRS 128.106(6). This NRS statutory provision, entitled "Specific considerations in determining neglect by or unfitness of parent," is the only parental rights termination provision that directly addresses incarceration.”
Matter of Parental Rights as to DRH (2004)
nev · cites it 3×
“106(4) provides that "[e]xcessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child," is one such factor.”
— Nev. Rev. Stat. § 128.106(1) — 8 cases
Champagne v. WELFARE DIV. OF NEV. STATE DEPT. (1984)
nev
“” The “considerations” set forth in the section include abandonment, neglect, unfitness of the parent, child abuse and a rather hazy, probably redundant consideration phrased as “[o]nly token efforts by the parent” to avoid or prevent abandonment, neglect, unfitness or abuse.”
— Nev. Rev. Stat. § 128.106(1)(a) — 7 cases
— Nev. Rev. Stat. § 128.106(1)(b) — 3 cases
— Nev. Rev. Stat. § 128.106(1)(d) — 3 cases
— Nev. Rev. Stat. § 128.106(1)(e) — 3 cases
— Nev. Rev. Stat. § 128.106(1)(f) — 4 cases
— Nev. Rev. Stat. § 128.106(1)(h) — 1 case
— Nev. Rev. Stat. § 128.106(2) — 1 case
— Nev. Rev. Stat. § 128.106(4) — 6 cases
Weinper v. Nevada State Department of Human Resources (1996)
nev
“Among these is "[e]xcessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child." NRS 128.106(4). The district court specifically found that Weinper was unfit as a parent because of his "drug…”
Matter of Parental Rights as to DRH (2004)
nev
“106(4) provides that "[e]xcessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child," is one such factor.”
— Nev. Rev. Stat. § 128.106(5) — 1 case
— Nev. Rev. Stat. § 128.106(6) — 15 cases
Matter of Parental Rights as to QLR (2002)
nev
“[11] See NRS 128.106(6). This NRS statutory provision, entitled "Specific considerations in determining neglect by or unfitness of parent," is the only parental rights termination provision that directly addresses incarceration.”
— Nev. Rev. Stat. § 128.106(8) — 4 cases
— Nev. Rev. Stat. § 128.106(a) — 1 case
Roe v. Roe (2023)
nevapp
“" When a parent has been determined by a district court to be unfit or neglectful, see NRS 128.106, this can be a basis for terminating parental rights.”
— Nev. Rev. Stat. § 128.106(b) — 1 case
— Nev. Rev. Stat. § 128.106(l)(a) — 1 case
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