Legal Opinion
Diana L. N. v. State, Department of Human Resources, Division of Child & Family Services
Nevada Supreme Court
Decided October 18, 2002No. 38100PublishedCited by 24 opinions
1Opinion of the Court
OPINION
2Per curiam
Appellant Diana N. contends that the district court erred in terminating her parental rights when there was no clear and convincing evidence that termination would serve her child’s best interests or that there was parental fault. We agree. The record does not include substantial evidence that termination is in the child’s best interests, and Diana overcame the statutory presumption that her child’s best interests would be served by termination. Additionally, a failure to totally complete a case plan within the statutory time period of six months solely because of incarceration is not…
3Cases cited12 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Champagne v. WELFARE DIV. OF NEV. STATE DEPT.Nevada Supreme Court · 1984
- Drury v. LangNevada Supreme Court · 1989
- Kobinski v. State, Welfare Div.Nevada Supreme Court · 1987
7 more not listed; retrieve them via the Exa API.
4Cited by24 opinions
- Kenosha County Department of Human Services v. Jodie W.Wisconsin Supreme Court · 2006
- Vincent L. G. v. State Division of Child & Family Services, Department of Human ResourcesNevada Supreme Court · 2004
- Tammila G. v. State, Department of Human ResourcesNevada Supreme Court · 2006
- Jason S. v. Valley Hospital Medical CenterNevada Supreme Court · 2004
- Richard J. K. v. State, Division of Child & Family ServicesNevada Supreme Court · 2002
19 more not listed; retrieve them via the Exa API.