NRS
432B.393 Agency which provides child welfare services required to make
reasonable efforts to preserve and reunify family of child to prevent or
eliminate need for removal from home before placement in foster care and to
make safe return to home possible; exceptions; determining whether reasonable
efforts have been made.
1. Except as otherwise provided in this
section, an agency which provides child welfare services shall make reasonable
efforts to preserve and reunify the family of a child:
(a) Before the placement of the child in foster
care, to prevent or eliminate the need to remove the child from the home; and
(b) To make it possible for the safe return of
the child to the home.
2. In determining the reasonable efforts
required by subsection 1, the health and safety of the child must be the
paramount concern. The agency which provides child welfare services may make
reasonable efforts to place the child for adoption or with a legal guardian
concurrently with making the reasonable efforts required pursuant to subsection
1. If the court determines that continuation of the reasonable efforts required
by subsection 1 is inconsistent with the plan for the permanent placement of
the child, the agency which provides child welfare services shall make reasonable
efforts to place the child in a timely manner in accordance with that plan and
to complete whatever actions are necessary to finalize the permanent placement
of the child.
3. An agency which provides child welfare
services is not required to make the reasonable efforts required by subsection
1 if the court finds that:
(a) A parent or other person responsible for the
child’s welfare has:
(1) Committed, aided or abetted in the
commission of, or attempted, conspired or solicited to commit murder or voluntary
manslaughter;
(2) Caused the abuse or neglect of the
child, or of another child of the parent or other person responsible for the
child’s welfare, which resulted in substantial bodily harm to the abused or
neglected child;
(3) Caused the abuse or neglect of the
child, a sibling of the child or another child in the household, and the abuse
or neglect was so extreme or repetitious as to indicate that any plan to return
the child to the home would result in an unacceptable risk to the health or welfare
of the child; or
(4) Abandoned the child for 60 or more
days, and the identity of the parent of the child is unknown and cannot be
ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6
months, had the ability to contact or communicate with the child and made no
more than token efforts to do so;
(c) The parental rights of a parent to a sibling
of the child have been terminated by a court order upon any basis other than
the execution of a voluntary relinquishment of those rights by a natural
parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was
previously removed from the home, adjudicated to have been abused or neglected,
returned to the home and subsequently removed from the home as a result of
additional abuse or neglect;
(e) The child is less than 1 year of age, the
father of the child is not married to the mother of the child and the father of
the child:
(1) Has failed within 60 days after
learning of the birth of the child, to visit the child, to commence proceedings
to establish his paternity of the child or to provide financial support for the
child; or
(2) Is entitled to seek custody of the
child but fails to do so within 60 days after learning that the child was
placed in foster care;
(f) The child was delivered to a provider of
emergency services pursuant to NRS
432B.630;
(g) The child, a sibling of the child or another
child in the household has been sexually abused or has been subjected to
neglect by pervasive instances of failure to protect the child from sexual
abuse; or
(h) A parent of the child is required to register
as a sex offender pursuant to the provisions of chapter
179D of NRS or the provisions of the federal Adam Walsh Child Protection
and Safety Act of 2006, 34 U.S.C. §§ 20901 et seq.
4. Except as otherwise provided in
subsection 6, for the purposes of this section, unless the context otherwise
requires, “reasonable efforts” have been made if an agency which provides child
welfare services to children with legal custody of a child has exercised
diligence and care in arranging appropriate, accessible and available services
that are designed to improve the ability of a family to provide a safe and
stable home for each child in the family, with the health and safety of the
child as its paramount concerns. The exercise of such diligence and care
includes, without limitation, obtaining necessary and appropriate information
concerning the child for the purposes of NRS
127B.410, 127C.470, 127G.020 and 424.038 and, if necessary, creating an
in-home safety plan for the protection of the child.
5. In determining whether reasonable
efforts have been made pursuant to subsection 4, the court shall:
(a) Evaluate the evidence and make findings based
on whether a reasonable person would conclude that reasonable efforts were
made;
(b) Consider any input from the child;
(c) Consider the efforts made and the evidence
presented since the previous finding of the court concerning reasonable
efforts;
(d) Consider the diligence and care that the
agency is legally authorized and able to exercise, including, without
limitation, the efforts to create an in-home safety plan;
(e) Recognize and take into consideration the
legal obligations of the agency to comply with any applicable laws and
regulations;
(f) Base its determination on the circumstances
and facts concerning the particular family or plan for the permanent placement
of the child at issue;
(g) Consider whether any of the efforts made were
contrary to the health and safety of the child;
(h) Consider the efforts made, if any, to prevent
the need to remove the child from the home and to finalize the plan for the
permanent placement of the child;
(i) Consider whether the provisions of subsection
6 are applicable; and
(j) Consider any other matters the court deems
relevant.
6. An agency which provides child welfare
services may satisfy the requirement of making reasonable efforts pursuant to
this section by taking no action concerning a child or making no effort to
provide services to a child if it is reasonable, under the circumstances, to do
so.
7. In determining whether reasonable
efforts are not required pursuant to subsection 3 or whether reasonable efforts
have been made pursuant to subsection 4, the court shall ensure that each
determination is:
(a) Made by the court on a case-by-case basis;
(b) Based upon specific evidence; and
(c) Expressly stated by the court in its order.
8. As used in this section, “in-home
safety plan” means a plan created by an agency which provides child welfare
services to ensure the protection of a child in the home, including, without
limitation, determining any vulnerabilities of the child, managing any
potential threats to the safety of the child and determining the capacity of
the person responsible for the welfare of the child to care for the child.
(Added to NRS by 1999,
2031; A 2001,
1258, 1843;
2001
Special Session, 45; 2003,
236; 2013,
243; 2017,
992; 2025,
1561)
Notes of Decisions
Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013).
· cites it 4× “See NRS 432B.393(1) and (2). The agency must submit a plan concerning placement of the child, including a description of services to be provided to the person responsible for the child and to the child in order to facilitate reunification or to ensure a permanent placement for…”
Francisco M. v. State, Div. of Child & Fam. Servs., 58 P.3d 188 (Nev. 2002).
· cites it 2× “At this hearing, the court found that continuation of reasonable efforts to reunify the entire family was inconsistent with the permanent placement plan and that DCFS was not required to make reasonable efforts to reunify the family as mandated by NRS 432B.393(1). 2 The court…”
In Re: Parental Rights as to D.S.S., S.M.S. (Nev. 2018).
· cites it 4× “To terminate parental rights, the district court must find that "[t]he best interests of the child would be served by the termination of parental rights" and that "[t]he conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or…”
In Re: Parental Rights As To S.C.M. (Nev. 2021).
· cites it 4× “Parental fault is established by finding child abandonment; child neglect; parental unfitness; failure of parental adjustment; risk of serious physical, mental, or emotional injury if the child were returned to the home; only token efforts by the parents; or a finding under NRS…”
In Re: Parental Rights As To G.J.M., F.M. (Nev. 2022).
· cites it 4× “4 See NRS 432B.393 (requiring the Department to "make reasonable efforts to preserve and reunify the family of a child" in the Department's custody).”
Clark Cnty. v. Dist. Ct. (eggleston), 141 Nev. Adv. Op. No. 31 (Nev. 2025).
“540(2)(b) (requiring DFS to submit a plan to reunite the parents and children); NRS 432B.393(1) (requiring DFS to make reasonable efforts to preserve and reunify the family of a child").”
In Re: Parental Rights as to J.P.D. C/W 71105 (Nev. 2018).
· cites it 3× “Evidence of parental fault may include neglect, parental unfitness, risk of serious injury to the child if the child is returned to the SUPREME COURT OF NEVADA 91 1947A (1 parent's care, and conduct by the parent that was a basis for a finding made pursuant to NRS 432B.393(3).…”
In Re: Parental Rights as to J.P.D. C/W 71105 (Nev. 2018).
· cites it 3× “Evidence of parental fault may include neglect, parental unfitness, risk of serious injury to the child if the child is returned to the SUPREME COURT OF NEVADA 91 1947A (1 parent's care, and conduct by the parent that was a basis for a finding made pursuant to NRS 432B.393(3).…”
In Re: Parental Rights as to R.Y. (Nev. 2014).
· cites it 5× “105(2) also permits a finding of fault based on a finding made pursuant to subsection 3 of NRS 432B.393. NRS 432B.393(3)(a)(1) augments the bases for termination of parental rights, allowing DFS to forego reasonable reunification efforts and thus apparently for the district…”
In Re: Parental Rights as to A.R.B. (Nev. 2017).
· cites it 2× “105(1)(b) (providing that parental fault may be established where the parent's conduct was the basis for a finding made pursuant to NRS 432B.393(3)); NRS 432B.393(3)(h) (providing that DFS is not required to make reasonable efforts to reunify the family if the parent is a…”
Hernandez Vs. Dist. Ct. (state), 2016 NV 1 (Nev. 2016).
· cites it 2× “" NRS 432B.393(2) (emphasis added). We have previously held, albeit in the context of determining child custody, that a court cannot determine the best interest of a child in custody proceedings without making factual findings.”
In Re: Parental Rights as to D.W., N.W., D.W. & C.I. (Nev. 2014).
· cites it 3× “NRS 432B.393 provides that a child welfare agency is not required to make reasonable efforts to preserve and reunify the family if a parent abused the child in an extreme or repetitious manner, so as to indicate that returning the child to the home would put the child at risk;…”
— Nev. Rev. Stat. § 432B.393(1) — 5 cases
Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013).
“See NRS 432B.393(1) and (2). The agency must submit a plan concerning placement of the child, including a description of services to be provided to the person responsible for the child and to the child in order to facilitate reunification or to ensure a permanent placement for…”
Francisco M. v. State, Div. of Child & Fam. Servs., 58 P.3d 188 (Nev. 2002).
“At this hearing, the court found that continuation of reasonable efforts to reunify the entire family was inconsistent with the permanent placement plan and that DCFS was not required to make reasonable efforts to reunify the family as mandated by NRS 432B.393(1). 2 The court…”
Clark Cnty. v. Dist. Ct. (eggleston), 141 Nev. Adv. Op. No. 31 (Nev. 2025).
“540(2)(b) (requiring DFS to submit a plan to reunite the parents and children); NRS 432B.393(1) (requiring DFS to make reasonable efforts to preserve and reunify the family of a child").”
In Re: Parental Rights as to D.W., N.W., D.W. & C.I. (Nev. 2014).
“NRS 432B.393 provides that a child welfare agency is not required to make reasonable efforts to preserve and reunify the family if a parent abused the child in an extreme or repetitious manner, so as to indicate that returning the child to the home would put the child at risk;…”
— Nev. Rev. Stat. § 432B.393(1)(a) — 1 case
— Nev. Rev. Stat. § 432B.393(2) — 3 cases
Washoe Cnty. Dep't of Soc. Servs. v. Kory L.G., 295 P.3d 589 (Nev. 2013).
“See NRS 432B.393(1) and (2). The agency must submit a plan concerning placement of the child, including a description of services to be provided to the person responsible for the child and to the child in order to facilitate reunification or to ensure a permanent placement for…”
Hernandez Vs. Dist. Ct. (state), 2016 NV 1 (Nev. 2016).
“" NRS 432B.393(2) (emphasis added). We have previously held, albeit in the context of determining child custody, that a court cannot determine the best interest of a child in custody proceedings without making factual findings.”
— Nev. Rev. Stat. § 432B.393(3) — 6 cases
In Re: Parental Rights as to J.P.D. C/W 71105 (Nev. 2018).
“Evidence of parental fault may include neglect, parental unfitness, risk of serious injury to the child if the child is returned to the SUPREME COURT OF NEVADA 91 1947A (1 parent's care, and conduct by the parent that was a basis for a finding made pursuant to NRS 432B.393(3).…”
In Re: Parental Rights as to J.P.D. C/W 71105 (Nev. 2018).
“Evidence of parental fault may include neglect, parental unfitness, risk of serious injury to the child if the child is returned to the SUPREME COURT OF NEVADA 91 1947A (1 parent's care, and conduct by the parent that was a basis for a finding made pursuant to NRS 432B.393(3).…”
In Re: Parental Rights As To S.C.M. (Nev. 2021).
“Parental fault is established by finding child abandonment; child neglect; parental unfitness; failure of parental adjustment; risk of serious physical, mental, or emotional injury if the child were returned to the home; only token efforts by the parents; or a finding under NRS…”
In Re: Parental Rights as to A.R.B. (Nev. 2017).
“105(1)(b) (providing that parental fault may be established where the parent's conduct was the basis for a finding made pursuant to NRS 432B.393(3)); NRS 432B.393(3)(h) (providing that DFS is not required to make reasonable efforts to reunify the family if the parent is a…”
In Re: Parental Rights as to D.S.S., S.M.S. (Nev. 2018).
“To terminate parental rights, the district court must find that "[t]he best interests of the child would be served by the termination of parental rights" and that "[t]he conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or…”
— Nev. Rev. Stat. § 432B.393(3)(a)(1) — 1 case
In Re: Parental Rights as to R.Y. (Nev. 2014).
“105(2) also permits a finding of fault based on a finding made pursuant to subsection 3 of NRS 432B.393. NRS 432B.393(3)(a)(1) augments the bases for termination of parental rights, allowing DFS to forego reasonable reunification efforts and thus apparently for the district…”
— Nev. Rev. Stat. § 432B.393(3)(a)(3) — 3 cases
In Re: Parental Rights as to R.Y. (Nev. 2014).
“105(2) also permits a finding of fault based on a finding made pursuant to subsection 3 of NRS 432B.393. NRS 432B.393(3)(a)(1) augments the bases for termination of parental rights, allowing DFS to forego reasonable reunification efforts and thus apparently for the district…”
In Re: Parental Rights as to D.W., N.W., D.W. & C.I. (Nev. 2014).
“NRS 432B.393 provides that a child welfare agency is not required to make reasonable efforts to preserve and reunify the family if a parent abused the child in an extreme or repetitious manner, so as to indicate that returning the child to the home would put the child at risk;…”
— Nev. Rev. Stat. § 432B.393(3)(b) — 2 cases
Francisco M. v. State, Div. of Child & Fam. Servs., 58 P.3d 188 (Nev. 2002).
“At this hearing, the court found that continuation of reasonable efforts to reunify the entire family was inconsistent with the permanent placement plan and that DCFS was not required to make reasonable efforts to reunify the family as mandated by NRS 432B.393(1). 2 The court…”
In Re: Parental Rights as to D.S.S., S.M.S. (Nev. 2018).
“To terminate parental rights, the district court must find that "[t]he best interests of the child would be served by the termination of parental rights" and that "[t]he conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or…”
— Nev. Rev. Stat. § 432B.393(3)(c) — 1 case
In Re: Parental Rights As To S.C.M. (Nev. 2021).
“Parental fault is established by finding child abandonment; child neglect; parental unfitness; failure of parental adjustment; risk of serious physical, mental, or emotional injury if the child were returned to the home; only token efforts by the parents; or a finding under NRS…”
— Nev. Rev. Stat. § 432B.393(3)(d) — 1 case
In Re: Parental Rights As To G.J.M., F.M. (Nev. 2022).
“4 See NRS 432B.393 (requiring the Department to "make reasonable efforts to preserve and reunify the family of a child" in the Department's custody).”
— Nev. Rev. Stat. § 432B.393(3)(h) — 1 case
In Re: Parental Rights as to A.R.B. (Nev. 2017).
“105(1)(b) (providing that parental fault may be established where the parent's conduct was the basis for a finding made pursuant to NRS 432B.393(3)); NRS 432B.393(3)(h) (providing that DFS is not required to make reasonable efforts to reunify the family if the parent is a…”
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