Nevada family-law case summaries

This case asks whether a parent facing the loss of his parental rights in Nevada is entitled to have a jury -- rather than a judge -- decide the case. The Nevada Supreme Court answered no. The Washoe County Department of Social Services (WCDSS) removed Jesus F.'s six children from his home in January 2010, citing drug use, safety hazards, and inadequate supervision. The children were placed in protective custody under NRS 432B.330 and lived in various out-of-home placements over the next four years. After the three older children reached adulthood, WCDSS petitioned to terminate Jesus F.'s parental rights as to the three remaining minor children. Jesus F. demanded a jury trial. The district court denied that demand, held a bench trial, and terminated his parental rights. On appeal, Jesus F. argued that both the U.S. Constitution and the Nevada Constitution gave him a right to a jury. The Nevada Supreme Court rejected both arguments. As to the federal constitution, the Seventh Amendment's civil jury-trial right does not apply to the states, and the U.S. Supreme Court has never held that due process requires a jury in termination cases. Applying the due-process balancing test from Mathews v. Eldridge, the court concluded that a bench trial here posed only a minimal risk of an erroneous decision because Jesus F. received notice, appointed counsel, the opportunity to confront and cross-examine witnesses, a clear-and-convincing-evidence standard, and the right to appeal. As to the Nevada Constitution, Article 1, Section 3 preserves the right to jury trial as it existed when Nevada's Constitution was adopted in 1864. Termination of parental rights actions did not exist in 1864 -- they were created by the Nevada Legislature in 1975 -- and the Legislature has not granted a jury-trial right in such proceedings. The court also noted that requiring jury trials would slow family courts, undermine the children's anonymity, and require structural changes that several Nevada family courts are not equipped to make. The court observed that the majority of states deny jury trials in termination cases. The court also upheld the termination on the merits. Under NRS 128.109, when a child has been placed outside the home for 14 of any consecutive 20 months, the law presumes that the parent has made only token efforts and that termination is in the child's best interest. The district court found that Jesus F. did not rebut the presumption and that there were five separate grounds of parental fault. The Supreme Court held those findings were supported by substantial evidence and affirmed.