Washoe County Dep’t of Soc. Servs. v. Kory L.G.

Child was placed into the protective custody of the County Department of Social Services after Child was found with her extremely intoxicated mother. Child's father (Father) was not involved in the events leading to Child's removal. Social Services filed a petition for neglect against both parents, but the petition was dismissed as to Father. The juvenile court denied Child's placement with Father and placed Child in the legal custody of Social Services while Father was ordered to comply with a case plan for reunification with Child. Social Services then filed a petition to terminate Father's parental rights to Child. The district court denied the petition. The Supreme Court affirmed, holding (1) Father was not required to comply with a case plan and accept services for purposes of reunification when Father was not found to have neglected the child; (2) keeping Child from the custody of Father when there were no substantiated findings he had neglected Child violated Father's fundamental constitutional rights to parent his child; and (3) the presumptions favoring termination of parental rights under Nev. Rev. Stat. 128.109, which arose from Child being placed outside the home in the dependence proceeding, did not apply to Father. View "Washoe County Dep't of Soc. Servs. v. Kory L.G." on Justia Law