IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF THE PARENTAL I No. 68071
RIGHTS AS TO R.L.L. AND N.D.H.L.
ROBERT H.L.,
Appellant, FILED
vs.
THE STATE OF NEVADA HEALTH JAN I 4 2016
AND HUMAN SERVICES, DIVISION TRACIE K. LINDEMAN
CLERK
K OF SUPREME0.COURT
OF CHILD AND FAMILY SERVICES, By •
DEpLirw
Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a district court order terminating
appellant's parental rights as to his two minor children. Ninth Judicial
District Court, Douglas County; Nathan Tod Young, Judge.
The children were removed from their parents' custody in July
2012 based on neglect. The parents failed to comply with their case plans,
and a petition to terminate parental rights was filed in August 2014. The
mother relinquished her rights, and after trial, the district court entered
an order terminating appellant's parental rights. This appeal followed.
To terminate parental rights, the district court must find clear
and convincing evidence that (1) at least one ground of parental fault
exists, and (2) termination is in the child's best interest. NRS 128.105
(1999); In re Termination of Parental Rights as to N.J., 116 Nev. 790, 800-
01, 8 P.3d 126, 132-33 (2000). On appeal, this court reviews questions of
law de novo and the district court's factual findings for substantial
evidence. In re Parental Rights as to A.L., 130 Nev., Adv. Op. 91, 337 P.3d
758, 761 (2014).
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Appellant contends that the district court's decision to
terminate his parental rights should not be upheld because respondent
actively worked against his case plan for reunification. Appellant refers to
the district court's finding that respondent was so offended by appellant's
religious beliefs that it actively worked against reunification and did not
offer all available resources to appellant. Thus, appellant requests
additional time to complete his case plan for reunification and assistance
from respondent in doing so.
Despite the district court's finding as to respondent's conduct, 1
the district court independently found clear and convincing evidence of
parental fault, including neglect, risk of emotional injury, unfitness,
failure to adjust, and token efforts. See NRS 128.105(2) (1999). In
particular, the court found that appellant failed to maintain consistent
contact with the children, missed several opportunities for visits over the
telephone, and waited until shortly before the termination trial to begin
his parenting classes. The court further found that appellant's instability
and lack of progress in providing the children a home would expose them
to a serious risk of emotional injury if returned to his care.
The district court also found clear and convincing evidence
that termination of parental rights was in the children's best interests
because appellant had failed to provide the children a home or work his
case plan since the children's removal, and it was not in the children's best
We note that the district court's finding is somewhat contradictory
to several orders issued within the NRS Chapter 432B proceeding, where
the court found that respondent had made reasonable efforts to make it
possible for the children to return to their parents.
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interest to wait indefinitely. See NRS 128.107(4) (requiring the court to
consider whether additional services are likely to bring about lasting
parental adjustment and enable the child's return within a predictable
period). Further, the court found that the children were thriving in their
foster care placement.
Having considered the parties' arguments and reviewed the
record before this court, we conclude that the district court's findings as to
parental fault and the children's best interests are supported by
substantial evidence. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Lela-4 frec.4.2. J.
Hardesty
4111 'II. J.
Saitta
Piekhilap J.
Pickering
cc: Hon. Nathan Tod Young, District Judge
Derrick M. Lopez
Jamie C. Henry
Attorney General/Reno
Douglas County Clerk
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