Nevada family-law case summaries

This case arises from a child-welfare proceeding in Clark County. After 19-month-old K.T. died of head trauma and a leg fracture, the mother's boyfriend was arrested and charged with murder and child abuse. The mother, Tautiana Bellamy, told investigators she had witnessed the boyfriend abuse K.T. but did not protect the child. Concerned about Bellamy's ability to protect her surviving 4-year-old daughter, A.T., DFS took protective custody of A.T. and the District Attorney filed a petition alleging A.T. was an abused or neglected child. When the case came before the district court, Bellamy entered a "no-contest" plea to the petition. A no-contest plea means the person does not admit the allegations are true but agrees not to fight them; the court then proceeds as if the allegations were admitted. The District Attorney objected, saying Nevada's child-welfare statute (NRS 432B.530) only allows a parent to either admit or deny the allegations, not plead no contest, unless the prosecutor agrees as part of a negotiation. The district judge accepted the plea anyway, made clear there was no deal attached to it (the District Attorney was not giving up the right to use Bellamy's statements in any future criminal case), and treated the plea as the equivalent of an admission for the dependency case. DFS, the District Attorney, and the child asked the Nevada Supreme Court to step in by writ - an extraordinary order used when there is no ordinary appeal available. The Supreme Court agreed to hear the case because rulings under NRS Chapter 432B are not appealable, and the question of whether courts may accept no-contest pleas in these cases is an important legal issue. A majority of the Supreme Court ruled against the petitioners and denied the writ. The majority concluded that NRS 432B.530 says the court must give parties an "opportunity to admit or deny" the allegations, but does not strictly limit them to only those two responses. The majority found the statute ambiguous and looked to its purpose. Because Nevada's child-protection laws are designed to resolve cases quickly - delays harm children waiting for permanency - the majority held that allowing a no-contest plea serves that goal. A no-contest plea avoids a contested evidentiary hearing, lets DFS move forward with services and a reunification plan, and lets a parent avoid admitting to potentially criminal conduct (which could implicate the parent's Fifth Amendment right against self-incrimination). The majority also rejected the argument that accepting the plea over the prosecutor's objection violated separation of powers. Charging decisions and plea negotiations belong to the executive branch, but here the district court was not negotiating, not dropping charges, and not giving Bellamy any assurances about a future criminal case. Bellamy pleaded no contest to the entire petition as filed. Three justices dissented. They read the statute as plainly limiting parents to admitting or denying the allegations - nothing more - and would have granted the writ.

This case asks who is allowed to run the trial when the State seeks to permanently sever a parent's legal relationship with her child. In the Eighth Judicial District (Clark County), such trials had often been conducted by a "hearing master" - a court-appointed lawyer (not a judge) who hears evidence, makes findings, and recommends a result to a district judge, who then reviews the record and makes the final decision. The Nevada Supreme Court held that this two-step approach is not allowed for termination of parental rights (TPR) trials. A district judge - not a hearing master - must preside over the trial in the first instance. The underlying facts: Tahja L. was a teenager when she brought her six-month-old daughter L.L.S. to a Department of Family Services (DFS) office, hoping to place her temporarily while Tahja finished high school. DFS instead filed a neglect petition, placed L.L.S. in foster care, and eventually moved to terminate Tahja's parental rights. The case was assigned to a hearing master. L.L.S.'s lawyer objected, arguing that a district judge should hear the trial; Tahja did not join that objection. The juvenile court overruled the objection. After the originally assigned master became a district judge, a different hearing master conducted the trial, recommended termination, and the district judge - after watching the entire video of the trial - terminated Tahja's parental rights. The Supreme Court reversed. It explained that under Nevada law, TPR proceedings under NRS Chapter 432B must be conducted by a "court," and although the statutes define "court" to include a hearing master under certain circumstances, that inclusion only works if the master's role is consistent with the Nevada Constitution. The court held that having a master preside over a TPR trial violates a parent's right to procedural due process, because the right at stake - the permanent loss of one's child - is so serious that the parent must present her case directly to the judge who will decide it, not to an intermediary whose findings are then reviewed from a recording. The court applied the three-part federal test from Mathews v. Eldridge, weighing (1) the parent's interest, (2) the risk that the procedure used will produce a wrong result, and (3) the government's interest in efficiency. The court described a parent's interest in keeping her child as among the strongest interests the law recognizes, comparing termination to a "civil death penalty." It found that having a master, rather than the judge, see witnesses face-to-face increases the risk of error, and that the State's efficiency interests are not significantly served, because the district judge still has to review the entire record. The court also pointed to recent legislative history in which the Eighth Judicial District's Chief Judge told lawmakers the district was specifically seeking new judges to "eliminate the use of hearing masters" in dependency cases. The court therefore reversed the termination order and sent the case back for a new TPR trial before a district judge. Three justices dissented.

This case involves the State's effort to permanently end a father's legal relationship with his young son. Marcus and the child's mother, Dana, were both incarcerated when the child, T.M.R., was an infant. Marcus had pleaded guilty to felony coercion after an incident in which he hit Dana's 100-year-old great-grandmother, Gladys, and damaged her home. With both parents in custody, Nevada's Department of Family Services (DFS) placed T.M.R. in foster care and eventually petitioned to terminate the parents' rights so the child could be adopted. At trial, the State surprised Marcus by calling Gladys to testify even though it had never formally listed her as a trial witness in the manner Nevada's civil discovery rules normally require. Marcus asked the court to exclude her testimony because she had not been disclosed at least 45 days before trial as required by NRCP 16.2(e)(4). The trial judge ruled that NRCP 16.2's disclosure rules do not apply to termination of parental rights cases and let Gladys testify. After hearing all the evidence, the court terminated Marcus's parental rights. The Nevada Supreme Court used this appeal to clear up an ambiguity in the civil rules. The Court explained that Nevada has three related rules governing when parties must disclose their witnesses: NRCP 16.1 covers most civil cases (but exempts family-court cases), NRCP 16.2 covers divorces and similar matters, and NRCP 16.205 covers paternity and custody disputes between unmarried parents. None of the rules explicitly says it applies to a case to terminate parental rights. Reading the rules together, however, the Court concluded that NRCP 16.2's witness-disclosure rules do apply in termination cases. The Court reasoned that any other reading would allow "trial by ambush" - a surprise witness used against a parent facing what the Court described as "the equivalent of the civil death penalty." So the trial judge was wrong to admit Gladys's testimony without proper notice. But the Supreme Court went on to hold that the mistake was "harmless" - meaning it did not change the outcome - because, even setting Gladys's testimony aside, there was more than enough other evidence to justify ending Marcus's parental rights. That evidence included: T.M.R. had been out of his parents' home for more than 14 months (which under Nevada law creates a legal presumption that termination is in the child's best interests); T.M.R. had bonded with his foster family, who wanted to adopt him; Marcus had failed to make timely progress on the case plan DFS designed to help him reunify with his son; Marcus minimized his drug use and blamed his relapses on Dana; he refused multiple drug tests; and he denied having anger problems despite the underlying violent incident. Because that evidence amply supported the trial court's decision, the Supreme Court affirmed the termination of Marcus's parental rights.

This case is about whether a baby in foster care should be presumed to belong with her biological sister, even though that sister has already been adopted by another family. Baby Girl W. was born in October 2017 and was quickly placed in foster care as a child in need of protection. The Clark County Department of Family Services (DFS) decided that adoption was the right long-term plan for her. Baby Girl W. has a 3-year-old biological half-sister named Vivian, who was previously adopted by Amy Mulkern in Massachusetts. DFS itself contacted Amy in early 2018 to ask whether she would adopt Baby Girl W. so the sisters could grow up together. Amy went through the interstate placement process and was approved as a possible placement. But DFS ultimately concluded that Baby Girl W. had bonded with her current foster parents - who are also willing to adopt her - and recommended she stay with them. Amy went to the Nevada district court handling the dependency case. The court allowed Amy and the foster parents to participate as "persons with a special interest," meaning they can recommend a placement and testify at the placement hearing. But the district court also ruled that, because Vivian had been adopted, she was no longer legally Baby Girl W.'s sibling for purposes of a Nevada statute - NRS 432B.550(5)(a) - that tells courts to presume placing siblings together is in a foster child's best interest. The district court therefore decided that presumption did not apply. Amy and Vivian asked the Nevada Supreme Court for a writ of mandamus - a court order forcing the lower court to do something it is required by law to do. They wanted the Supreme Court to make the district court apply the sibling presumption when deciding where Baby Girl W. should live. The Nevada Supreme Court agreed with Amy and Vivian on that point. The court explained that Nevada law repeatedly emphasizes keeping siblings together - in initial protective placements, in placements after parental rights are terminated, in adoptions, and in custody decisions. No Nevada statute says that adoption erases sibling status for placement purposes. Because the Legislature has stressed sibling relationships so consistently, the court concluded it would not assume - without clearer instruction - that lawmakers wanted the presumption to vanish the moment one sibling is adopted. The court therefore directed the district court to apply the rebuttable sibling presumption in NRS 432B.550(5) when deciding where to place Baby Girl W. "Rebuttable" means the presumption can still be overcome - the district court can still decide, based on evidence, that placement with the sibling is not in the baby's best interest. The court did not order any other relief, noting that the district court had already considered the Mulkerns' arguments, included Amy as a possible placement, and invited her to participate at the upcoming placement hearing. The court also added a footnote making clear that its ruling does not change separate Nevada rules about confidentiality, visitation, or inheritance after adoption, and does not require DFS to do more than its statutory duty to look for relatives.

This case involves the termination of parental rights of a mother and father over their four children. The case began in December 2013 when the oldest child, then-fifteen-year-old S.L., showed up at school with a black eye and told a friend that her father, Donald, had hit her. Although S.L. initially told Child Protective Services that she had hit her eye on a cabinet, an investigation revealed multiple bruises and abrasions consistent with abuse. All four children were removed from the home in January 2014 and eventually placed together in a foster home. Once safely in foster care, the children disclosed years of abuse. At trial, S.L. testified that Donald had been abusing her since around third grade. The abuse she described included being hit with a belt and buckle, having her wrist cut with a knife, being shot with a BB gun, having a tooth knocked out, being jumped on while Donald wore work boots until she passed out, being made to stand on her head for thirty minutes, being denied food, and being treated differently from the other children. S.L. testified that her mother, Melissa, knew about the abuse and covered S.L.'s facial injuries with makeup. The children were also coached to repeat false stories about how the injuries occurred. Donald and Melissa entered no-contest pleas to the protective custody petition and were given case plans. They participated in assessments and therapy. However, throughout the process, both parents continued to insist that S.L.'s injuries were self-inflicted. Recorded jail calls captured Melissa calling S.L. a "killer kid" with "a brain of a fucking peanut." A psychological assessment found both parents at high risk to abuse or neglect again. On appeal, the parents argued that taking away their parental rights because they refused to admit the abuse violated their Fifth Amendment right against self-incrimination - the constitutional protection against being forced to confess to a crime. The Nevada Supreme Court had recently addressed a similar issue in a case called A.D.L., where it ruled that a parent cannot be forced to admit a crime under threat of losing her children. The Court rejected the parents' argument here. It distinguished A.D.L., where a single accidental-looking injury was at issue and the mother had otherwise satisfied her therapy requirements. In this case, the Court explained, the abuse was severe, repeated, and stretched over years, and the parents had not engaged in meaningful therapy that would address the abuse and ensure the children's safety if returned home. The Court drew a line: parents cannot be compelled to admit a crime, but they can be required to engage in genuine therapy aimed at protecting their children. Losing children for failing to undergo such therapy, the Court said, "is simply a consequence of the reality that it is unsafe for children to be with parents who are abusive and violent." The Court also affirmed that there was enough evidence to support the district court's findings that the parents were unfit, had failed to adjust, had made only token efforts toward reunification, and posed a risk of serious injury to the children. Because the children had been outside the home for 30 months at the time of trial, a legal presumption applied that the parents had only made token efforts, and the Court agreed they failed to rebut that presumption. Finally, the Court agreed that termination served the children's best interests, noting that the children had bonded with and integrated into a foster family willing to adopt them.

This case involves a Nevada family in which the oldest child, S.L., suffered severe physical and emotional abuse over a period of years. The abuse came to light in December 2013 when S.L., then fifteen, arrived at school with a black eye and told a friend that her stepfather Donald had hit her. Although S.L. initially told Child Protective Services that she had hit her eye on a cabinet, an investigation found multiple bruises and abrasions consistent with abuse. All four children were removed from the home in January 2014 and placed with the Clark County Department of Family Services (DFS). Once in foster care, the children began describing what had happened at home. S.L. later testified that Donald had abused her since third grade — hitting her with a belt and buckle, cutting her wrist with a knife, shooting her hand with a BB gun, knocking out a front tooth, jumping on her chest while wearing work boots until she passed out, making her stand on her head for 30 minutes, and denying her food. She said her mother Melissa knew about the abuse and helped cover bruises with make-up, and that Donald made the children rehearse stories to tell outsiders. Donald and Melissa entered no-contest pleas to the protective custody petition and were given case plans. They attended assessments and therapy programs, but throughout the process they continued to insist that S.L.'s injuries were self-inflicted. A psychological assessment rated both parents at high risk to abuse or neglect again. Recorded jailhouse phone calls captured Melissa calling S.L. a "killer kid" and saying she "has a brain of a fucking peanut." After a trial, the district court terminated both parents' rights. On appeal, the parents made a constitutional argument: they said they could not be punished — by losing their children — simply for refusing to admit to a crime, because the Fifth Amendment protects people from being forced to incriminate themselves. The Nevada Supreme Court rejected that argument here. The court explained that, under its earlier decision In re Parental Rights as to A.D.L., parents indeed cannot have their rights terminated solely because they refuse to confess. But the court drew a line: parents can be required to engage in meaningful therapy designed to make sure the children will be safe at home, and a failure to make real progress in therapy is a different thing from a refusal to confess. Here, the court said, the parents' rights were not terminated merely because they would not admit the abuse — they were terminated because the abuse was extensive and ongoing, the parents had not meaningfully addressed it in therapy, the assessments showed a high risk of repeat abuse, and the therapist who supported reunification had never seen the children's injuries and believed the abuse had not happened. The court also held that there was strong evidence supporting termination on the statutory grounds — parental unfitness, failure to adjust, token efforts, and risk of serious injury — and that termination was in the children's best interests, given that they had bonded with a foster family willing to adopt them, and the two younger children's wish to return home was conditioned on the violence stopping.

This case arose after the Clark County Department of Family Services (DFS) received an anonymous hotline call in April 2010 alleging that Keaundra D.'s infant son, C.L.B., Jr., had been burned on the face. Keaundra told investigators that the burn occurred when her two-year-old daughter, A.D.L., reported that C.L.B., Jr. had "tried to kiss" a hot iron that fell off a dresser while Keaundra was in another room. DFS removed both children from Keaundra's care. One physician who examined the child in person, Dr. Neuman, found "no evidence of abuse." A different doctor, Dr. Mehta, who reviewed only photographs, opined the burn was deliberate. The juvenile court found the injury was nonaccidental and ordered Keaundra to follow a "case plan" - a list of steps she had to complete to get her children back. She maintained housing and a job, kept in touch with DFS, completed parenting classes, and finished a physical-abuse assessment and therapy. Her therapist testified that her risk of reoffending was low and that she showed none of the signs typical of an abusive parent. DFS itself reported that she had "successfully completed her case plan and has the knowledge and tools to effectively parent her children." But DFS still wanted her parental rights terminated, and the district court still terminated them, for one reason: Keaundra would not admit that she had deliberately held the iron to her son's face. Her case plan required her to "articulate" the "sequence of events" leading to the abuse "as sustained by the Court." Because she insisted the burn was accidental, the court treated her as out of compliance. DFS confirmed at trial that, had Keaundra admitted intentional abuse, it would not have sought termination. The Nevada Supreme Court reversed. The Fifth Amendment to the U.S. Constitution protects people from being forced to incriminate themselves, not just in criminal trials but in any proceeding where their answers might be used against them in a future criminal case. Admitting that one held a hot iron to a child's face would expose a person to prosecution for child abuse under Nevada law (NRS 200.508). The court held that a parent cannot be forced to choose between admitting a crime and losing her children - that choice is unconstitutionally coercive. The court drew a line: a juvenile court may require a parent to participate in meaningful therapy, even if therapy works better when a parent acknowledges past conduct, and a parent who refuses meaningful therapy may face consequences. But a court cannot require, as a condition of keeping parental rights, that the parent expressly admit to a crime. The court also held that the evidence did not support termination on its own merits. Nevada law presumes termination is in a child's best interest when the child has been out of the home for 14 of 20 consecutive months, and presumes a parent has made only "token efforts" in similar circumstances. The court found Keaundra rebutted both presumptions: she stayed in regular phone contact, her mother brought the children to visit, A.D.L. cried and begged to go home to her mother, Keaundra helped support the children financially, and after the first termination order the children waited 17 months in foster care before being placed with relatives. Without the presumptions, there was not substantial evidence to terminate.

This case involves the termination of a father's parental rights to his two surviving children. Between 2006 and 2011, the family experienced seven separate incidents in which one of the three children swallowed foreign objects such as coins, magnets, and batteries. All occurred while the father, Arli, was at work and the mother, Abigail, was home with the children. One son, J.M., died in 2006 from undetermined causes. After three-year-old E.M.M. required surgery to remove a large battery lodged in his throat, doctors became concerned that Abigail was forcing the children to swallow objects and contacted child protective services. The doctors compared the size of the battery, for a child E.M.M.'s age, to an adult swallowing a golf ball. In November 2011, DFS removed A.P.M. and E.M.M. from the home and placed them in foster care. The juvenile court gave each parent a "case plan" - a written list of things they had to do (such as parenting classes and counseling) to try to get their children back. Arli completed his case plan quickly. Even so, in December 2012, DFS asked the court to terminate both parents' rights permanently. After a five-day hearing, the district court ordered termination, finding that Arli had been neglectful by not taking action to protect his children after the repeated swallowing incidents - including continuing to leave them alone with Abigail - and that termination was in the children's best interests. Abigail died while the appeal was pending, leaving only Arli's appeal. The Nevada Supreme Court addressed two new legal questions. First, it held that finishing a court-ordered case plan does not, by itself, prevent a court from terminating parental rights. A completed case plan can be persuasive evidence in the parent's favor, but Nevada law does not make it a shield against termination if the other legal grounds are satisfied. Second, it interpreted a Nevada statute that creates two legal presumptions when a child has lived outside the home "for 14 months of any 20 consecutive months": (1) the parent is presumed to have made only token efforts, and (2) termination is presumed to be in the child's best interest. Arli argued the district court had to wait the full 20 months before applying these presumptions. The Supreme Court disagreed - once the 14-month threshold is hit, the presumptions can apply right away. Here the children had been out of the home about 17 months, which was enough. Finally, the court held that "substantial evidence" - meaning enough credible evidence that a reasonable factfinder could agree - supported termination. The court pointed to Arli's failure to take protective action after seven serious swallowing incidents, his limited relationship with the children, and the foster parent's testimony that she had a close relationship with the children and wished to adopt them. The court noted that even with Abigail's death, Arli remained "unable to protect his children from danger, swallowing or otherwise." Two justices dissented in whole or in part. Justice Douglas, joined by Justice Cherry, would have remanded for a new best-interests hearing because Abigail - the apparent source of the danger - had died and Arli had completed his case plan. Justice Saitta agreed with most of the majority opinion but wrote separately to dissent on the parental-fault finding, viewing Arli's mistaken belief about Abigail and his completed case plan as not enough to amount to neglect.