P.2d 849, 851 (1991). It is within this court's sole discretion to determine
if a writ petition will be considered. Smith, 107 Nev. at 677, 818 P.2d at
851. Petitioners bear the burden of demonstrating that extraordinary
relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228,
88 P.3d 840, 844 (2004).
Having considered the parties' arguments and the documents
before this court, we conclude that our intervention by extraordinary writ
relief is not warranted. See NRS 34.160; NRS 34.320; Smith, 107 Nev. at
677, 818 P.2d at 851. In particular, petitioners have failed to meet their
burden of establishing that under Nevada law the juvenile court lacked
authority to enter the reunification order while an appeal from the district
court's order denying the petition to terminate real parties in interest's
parental rights is pending. NRS 34.320; Pan, 120 Nev. at 228, 88 P.3d at
844. Petitioners' reliance on Mack Manley v. Manley, 122 Nev. 849, 855,
-
138 P.3d 525, 529-30 (2006), which held that an appeal divests the district
court of jurisdiction to revisit issues pending on appeal, is misplaced
because the reunification order arises from the juvenile court proceeding
in District Court Case No. J316856, and that proceeding is separate from
the district court parental termination proceeding in District Court Case
No. D436469, from which the appeal arises.'
Further, the juvenile court did not arbitrarily or capriciously
exercise its discretion when it entered the reunification order as it
required that a safety plan be put in place prior to Marites C.'s
reunification with the child in an effort to protect the child from real party
'Because the appeal of the order denying the petition to terminate
parental rights is pending in this court, we make no comment on the
merits of that appeal in this order.
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in interest Travis C. Inel Game Tech, 124 Nev. at 197, 179 P.3d at 558.
We trust that the juvenile court will continue to monitor this matter so as
to ensure the child's safety. Accordingly, we
ORDER the petition DENIED.
Piekt24 J.
'4"c:24'k
Pickering
Parraguirre
J.
Saitta
cc: Hon. Frank P. Sullivan, District Judge, Family Court Division
Clark County District Attorney/Juvenile Division
Special Public Defender
Aaron Grigsby
Eighth District Court Clerk
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