Nevada Revised Statutes
Chapter 128 - Termination of Parental Rights
NRS 128.106 - Specific considerations in determining neglect by or unfitness of parent.


1. In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:
(a) Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his or her home pursuant to chapter 432B of NRS.
(b) Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.
(c) Conduct that violates any provision of NRS 200.463, 200.4631, 200.464 or 200.465.
(d) Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.
(e) Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for the child’s physical, mental and emotional health and development, but a person who, legitimately practicing his or her religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.
(f) Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.
(g) Whether the child, a sibling of the child or another child in the care of the parent suffered a physical injury resulting in substantial bodily harm, a near fatality or fatality for which the parent has no reasonable explanation and for which there is evidence that such physical injury or death would not have occurred absent abuse or neglect of the child by the parent.
(h) Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.
2. As used in this section, "near fatality" has the meaning ascribed to it in NRS 432B.175.
(Added to NRS by 1981, 1751; A 1989, 1187; 1995, 361; 2005, 89; 2013, 1856; 2015, 1185)

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.