Philip R. v. Eighth Judicial District Court

A familial placement preference survives the termination of parental rights, but the placement preference is then governed by Nev. Rev. Stat. 128.110(2) rather than Nev. Rev. Stat. 432B.550(5).These consolidated petitions for writs of mandamus challenged a district court order directing that a minor child be removed from her adoptive foster home and placed with maternal relatives based on a familial placement preference under section 432B.550(5). The placement order was entered after parental rights to the child were terminated. The Supreme Court granted the writs, holding (1) the district court erred in applying the familial placement preference under section 432B.550(5) because section 128.110(2) was the applicable standard; (2) the maternal relatives had a reasonable excuse for their delay in seeking placement, and they were entitled to a familial placement preference; but (3) the district court failed to set forth adequate factual findings concerning the child’s best interest or give appropriate weight to the Department of Family Services’ discretion to determine placement under section 128.110(2). View "Philip R. v. Eighth Judicial District Court" on Justia Law