1. If a child has been placed outside of his or her home pursuant to chapter 432B of NRS, the following provisions must be applied to determine the conduct of the parent:
(a) If the child has resided outside of his or her home pursuant to that placement for 14 months of any 20 consecutive months, it must be presumed that the parent or parents have demonstrated only token efforts to care for the child as set forth in subparagraph (6) of paragraph (b) of subsection 1 of NRS 128.105.
(b) If the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment as set forth in subparagraph (4) of paragraph (b) of subsection 1 of NRS 128.105.
2. If a child has been placed outside of his or her home pursuant to chapter 432B of NRS and has resided outside of his or her home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.
3. The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the State to provide services to the family.
(Added to NRS by 1987, 172; A 1993, 2690; 1995, 361; 1999, 2028; 2015, 1185)
Structure Nevada Revised Statutes
Chapter 128 - Termination of Parental Rights
NRS 128.005 - Legislative declaration and findings.
NRS 128.007 - Applicability of chapter.
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 128.030 - 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 128.070 - Service of notice of hearing by publication: Requirements; exception.
NRS 128.087 - Hearing to determine whether to transfer venue for parent who objects to venue.
NRS 128.095 - When putative father presumed to have intended to abandon child.
NRS 128.097 - Presumption of abandonment of child by parent.
NRS 128.105 - 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 128.120 - 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 128.170 - Restoration of parental rights: Petition; consent of natural parent required.