Nevada family-law case summaries

This case concerns a baby boy, D.M.F., who was born exposed to opiates and amphetamines. His parents admitted to methamphetamine use during pregnancy, so they agreed that the paternal grandmother, Yalonda, would care for the twins (D.M.F. and his brother A.F.) as a temporary guardian while they sought drug treatment. CPS investigated, allowed the babies to go home with Yalonda, and approved her as caregiver. About three months later, A.F. died from positional asphyxia after the parents fell asleep with him on a bed. Police and CPS investigated and found no abuse or neglect; the death was ruled a tragic accident. CPS did, however, find that the parents had relapsed on methamphetamine. Yalonda then promised to seek a formal court guardianship over the surviving twin, D.M.F., and CPS once again approved her as caregiver. About a month after A.F.'s death, Yalonda asked the district court to be appointed D.M.F.'s legal guardian. The court granted that petition without objection. Six months later, the district court received an ex parte communication (a behind-the-scenes message) from another judge who had learned of A.F.'s death from CPS records in a separate case. The court appointed an investigator and held a hearing about whether Yalonda had misrepresented things in her petition by not telling the court about A.F.'s death. After the hearing, the court issued an order removing Yalonda as guardian and terminating the guardianship altogether, and referred the matter to CPS. D.M.F., through counsel, appealed. The Nevada Supreme Court held that a district court does have power, on its own initiative, to remove a guardian and end a guardianship - it does not need someone to file a formal petition first. But the court must follow constitutional and statutory rules. The Supreme Court ruled the district court violated D.M.F.'s due process rights. Due process means a person must get fair notice and a real chance to be heard before the government takes away an important interest. Here, none of the court's orders clearly told D.M.F., Yalonda, or the parents that the court was considering the major step of removing the guardian and ending the guardianship. The investigator's report contained no recommendations, the hearing took no sworn testimony, and the participants were never clearly told what was on the table. The Supreme Court also held the district court abused its discretion. To remove a guardian, the court must find one of the conditions listed in NRS 159A.185(1) and then conduct a "best interests of the child" analysis using the factors in NRS 159A.186(2). To terminate a guardianship, the court must make specific findings under NSRG 10(A) about the child's health, whether a guardianship is still needed, less restrictive alternatives, and best interests. The district court did none of these things. It also relied on factual mistakes - for example, finding A.F. died "only days" before the petition was filed when in reality it was a month before, and finding A.F. died "within a few days" of Yalonda becoming temporary guardian when she had cared for the twins for three months without incident. On the CPS issue, the Supreme Court held the district court did not exceed its authority. Although the district court expressed opinions about what CPS should do, the actual order simply referred the matter to CPS for "action as they deem fit," and that was permissible. The Supreme Court reversed and ordered the lower court to reinstate Yalonda as guardian (if she is willing and able). If the district court still wants to consider removal or termination, it must give clear notice, hold a full hearing, and make the findings the statutes require.