Tammila G. v. State, Department of Human Resources

OPINION

By the Court,

Becker, J.:

In this appeal, we consider two issues. First, we consider whether the State must prove the existence of an adoptive place ment for a child before a court can terminate a parent’s rights to that child. Second, we decide which party has the burden to present evidence of a child’s desires, under NRS 128.107(2), in a parental rights termination case when the State has established the presumption under NRS 128.109(2) that it is in the child’s best interest for the parent’s rights to be terminated.

We first conclude that neither state nor federal law on parental…