1. If a valid petition is filed pursuant to NRS 128.170, the court shall hold a hearing to determine whether to restore the parental rights of the natural parent or parents.
2. Before granting a petition for the restoration of parental rights, the court must find that:
(a) If any child who is the subject of the petition is 14 years of age or older, the child consents to the restoration of parental rights.
(b) The natural parent or parents for whom restoration of parental rights is sought have been informed of the legal obligations, rights and consequences of the restoration of parental rights and that the natural parent or parents are willing and able to accept such obligations, rights and consequences.
3. If the court finds the necessary facts pursuant to subsection 2, the court shall order the restoration of parental rights if the court further finds by a preponderance of the evidence that:
(a) The child is not likely to be adopted; and
(b) Restoration of parental rights of the natural parent or parents is in the best interests of the child.
4. If the court restores the parental rights of the natural parent or parents of a child who is less than 14 years of age, the court shall specify in its order the factual basis for its findings that it is in the best interests of the child to restore the parental rights of the natural parent or parents.
5. Upon the entry of an order for the restoration of parental rights issued pursuant to this section, any child who is the subject of the petition becomes the legal child of the natural parent or parents whose rights have been restored, and they shall become the child’s legal parents on that date with all the rights and duties of parents.
(Added to NRS by 2007, 91)
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.