Thursday, October 6, 2022 - Full Court

Washoe County Human Services Agency vs. District Court (C.-S.)
Docket Number: 83422
Carson City - 1:30 pm - Full Court

This case arises from a child welfare matter. In 2020, petitioner Washoe County Human Services Agency (WCHSA) removed a minor child from the care and custody of her biological parents. Soon after, WCHSA moved to be relieved of its statutory obligation to provide reasonable efforts to reunify the minor child with her biological parents.

ISSUES:

WCHSA argued that it must be relieved of these efforts based on the involuntary termination of the biological parents’ parental rights with respect to the minor child’s sibling a year before. The district found that while WCHSA was correct in its legal argument, the law it relied on, NRS 432B.393(3)(c), is unconstitutional. It thus denied WCHSA’s motion. WCHSA petitions this court for a writ of mandamus, asking it to vacate the district court’s order and direct it to find that the agency need not provide any reasonable efforts to reunify the minor child with her parents under NRS 432B.393(3)(c).

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do

Washoe County Human Services Agency vs. District Court (B.)
Docket Number: 84277
Carson City - 2:00 pm - Full Court

This petition arises from a parental termination action. The children were removed pursuant to NRS Chapter 432B, and the county sought to terminate the parent’s parental rights. The parents filed a pre-trial motion in which they argued that NRS 128.109(1)(a) and NRS 128.109(2) violate their due process rights. The district court granted the parents’ motion, finding that the statutory presumptions violate due process by eliminating the requirement that the county prove its case by clear and convincing evidence.

ISSUES:

(1) Whether this court should grant writ relief, and (2) Whether NRS 128.109(1)(a) and NRS 128.109(2) are unconstitutional.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do