Jennifer L. v. Eighth Judicial District Court

Summary

The Nevada Supreme Court denied Jennifer L.'s petition for a writ of mandamus seeking dismissal of a juvenile abuse and neglect petition. The court held that under NRS 159.079(7), a parent retains a statutory duty to provide care, support, and maintenance for a child even when an NRS Chapter 159 guardianship is in place. The court also distinguished Chapman v. Chapman because the child was not receiving proper care when the neglect petition was filed.

Holdings

1. An NRS Chapter 159 guardianship does not relieve a parent of the statutory duty to provide for the care, support, and maintenance of the child. A parent may therefore be held legally responsible for neglect even while the guardianship remains in place.
2. Chapman v. Chapman did not bar the neglect finding because the circumstances had changed: at the time of the petition, R.L. was not receiving proper care, Brenda was no longer willing or able to care for her, and Jennifer was unable to provide care.
3. Mandamus relief was not warranted, and the petition was denied.

Questions Presented

1. Whether a parent may be held legally responsible for neglect of a child while an NRS Chapter 159 legal guardianship is in place.
2. Whether Chapman v. Chapman precluded a finding of parental neglect because the child had previously been left with a purported caregiver.
3. Whether mandamus relief was appropriate when the juvenile-court abuse and neglect determination was not substantively appealable.

Disposition

writ_denied