Diana L. N. v. State, Department of Human Resources, Division of Child & Family Services, 118 Nev. 621

Summary

The Supreme Court of Nevada reversed an order terminating Diana L. N.'s parental rights. The court held that the record lacked substantial evidence that termination was in the child's best interests and that incarceration alone, or failure to complete an otherwise impossible case plan during incarceration, did not establish parental fault or failure of parental adjustment.

Holdings

1. The statutory presumptions that termination serves a child's best interests when the child has been outside the home for fourteen of twenty consecutive months are rebuttable, and Diana presented substantial evidence and compelling reasons rebutting them. The record therefore lacked substantial evidence that termination was in J.L.N.'s best interests.
2. A parent's incarceration must be considered in a parental-rights termination proceeding, but incarceration alone is insufficient to satisfy the statutory requirement of parental fault as it relates to failure of parental adjustment.
3. Failure to complete a case plan within six months does not necessarily establish parental fault or failure of parental adjustment. The statutory presumption may be rebutted by evidence that the parent made reasonable and consistent efforts and that the remaining requirements could not be completed because of incarceration.

Questions Presented

1. Whether clear and convincing evidence established that termination of Diana's parental rights was in J.L.N.'s best interests despite the statutory presumptions arising from the child's time outside the home.
2. Whether Diana's incarceration and inability to complete the case plan within six months, without more, established parental fault or failure of parental adjustment sufficient to terminate her parental rights.

Disposition

reversed