Nevada Revised Statutes
Chapter 128 - Termination of Parental Rights
NRS 128.105 - Grounds for terminating parental rights: Considerations; required findings.


1. The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:
(a) The best interests of the child would be served by the termination of parental rights; and
(b) The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:
(1) Abandonment of the child;
(2) Neglect of the child;
(3) Unfitness of the parent;
(4) Failure of parental adjustment;
(5) Risk of serious physical, mental or emotional injury to the child if the child were returned to, or remains in, the home of his or her parent or parents;
(6) Only token efforts by the parent or parents:
(I) To support or communicate with the child;
(II) To prevent neglect of the child;
(III) To avoid being an unfit parent; or
(IV) To eliminate the risk of serious physical, mental or emotional injury to the child;
(7) With respect to termination of the parental rights of one parent, the abandonment by that parent; or
(8) The child was conceived as a result of a sexual assault for which the natural parent was convicted.
2. Before making a finding pursuant to subparagraph (5) of paragraph (b) of subsection 1, if the child has been out of the care of his or her parent or guardian for at least 12 consecutive months, the court shall consider, without limitation:
(a) The placement options for the child;
(b) The age of the child; and
(c) The developmental, cognitive and psychological needs of the child.
(Added to NRS by 1975, 964; A 1981, 1755; 1985, 244; 1987, 173, 210; 1995, 215; 1999, 2027; 2015, 1184; 2017, 752)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 128 - Termination of Parental Rights

NRS 128.005 - Legislative declaration and findings.

NRS 128.007 - Applicability of chapter.

NRS 128.010 - Definitions.

NRS 128.011 - "Abandoned mother" defined.

NRS 128.012 - "Abandonment of a child" defined.

NRS 128.0122 - "Agency which provides child welfare services" defined.

NRS 128.0124 - "Child" defined.

NRS 128.0126 - "Failure of parental adjustment" defined.

NRS 128.0128 - "Indian child" defined.

NRS 128.0129 - "Indian Child Welfare Act" defined.

NRS 128.013 - "Injury" defined.

NRS 128.0137 - "Mental injury" defined.

NRS 128.014 - "Neglected child" defined.

NRS 128.015 - "Parent and child relationship" and "parent" defined.

NRS 128.0155 - "Plan" defined.

NRS 128.016 - "Putative father" defined.

NRS 128.018 - "Unfit parent" defined.

NRS 128.020 - Jurisdiction of district courts.

NRS 128.023 - Proceedings to terminate parental rights of parent of Indian child: Powers and duties of court; appointment of attorney.

NRS 128.027 - Extent to which court must give full faith and credit to judicial proceedings of Indian tribe.

NRS 128.030 - Place for filing petition.

NRS 128.040 - Who may file petition; investigation.

NRS 128.050 - Entitlement of proceedings; contents of verified petition.

NRS 128.055 - Proceedings to be completed within 6 months after filing of petition.

NRS 128.060 - Notice of hearing: Contents; personal service to certain persons; petitioner to mail notice to Department of Health and Human Services if petitioner or child is receiving public assistance.

NRS 128.070 - Service of notice of hearing by publication: Requirements; exception.

NRS 128.080 - Form of notice.

NRS 128.085 - Petition by mother of unborn child: Notice to father or putative father; time of hearing.

NRS 128.087 - Hearing to determine whether to transfer venue for parent who objects to venue.

NRS 128.090 - Hearing: Time; procedure; evidence; postponement; closed court; confidentiality of hearings, files and records pertaining to terminating parental rights.

NRS 128.091 - Evidence of previous sexual conduct inadmissible to challenge child’s credibility; exceptions.

NRS 128.093 - Testimony of qualified expert witness required in proceedings to terminate parental rights of parent of Indian child.

NRS 128.095 - When putative father presumed to have intended to abandon child.

NRS 128.097 - Presumption of abandonment of child by parent.

NRS 128.100 - Appointment of attorney to represent child in proceeding concerning termination or restoration of parental rights; appointment of attorney to represent parent; compensation of attorney.

NRS 128.105 - Grounds for terminating parental rights: Considerations; required findings.

NRS 128.106 - Specific considerations in determining neglect by or unfitness of parent.

NRS 128.107 - Specific considerations where child is not in physical custody of parent.

NRS 128.108 - Specific considerations where child has been placed in foster home.

NRS 128.109 - Determination of conduct of parent; presumptions.

NRS 128.110 - Order terminating parental rights; preference for placement of child with certain relatives and siblings of child; period for completion of search for relative.

NRS 128.120 - Effect of order.

NRS 128.130 - Notice to produce; warrant of arrest; contempts.

NRS 128.140 - Expenses to be county charges.

NRS 128.150 - Termination of parental rights of father when child becomes subject of adoption.

NRS 128.160 - Best interest of child in determining consideration in action to set aside termination of parental rights after adoption has been granted; presumption.

NRS 128.170 - Restoration of parental rights: Petition; consent of natural parent required.

NRS 128.180 - Restoration of parental rights: Notice of hearing; persons required to be personally served with notice; right of such persons to present testimony and evidence.

NRS 128.190 - Restoration of parental rights: Hearing; required findings to grant petition; effect of order restoring parental rights.