Parental Rights in Nevada

Nevada Parental Rights News

Legislative Update and a Big Surprise

By ParentalRights.org • April 16, 2019
This legislative season has been something of a mixed bag, with some victories, some disappointments, some challenges, and one particular story that took us by surprise. Some Victories In Oklahoma, the Parental Rights Amendment (PRA) resolution, SCR 1, passed the House of Representatives by unanimous consent on April 3, making Oklahoma the seventh state to… The post Legislative Update and a Big Surprise appeared first on Parental Rights.

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Nevada State Law

Protected


We did it! Thanks in part to your support, parental rights are protected as a fundamental right under Nevada law. On June 5, 2013, Senate Bill 314 was signed into law, establishing Nevada Revised Statute NRS 126.036. This law provides (in part):


NRS 126.036 Recognizes the liberty interest of a parent in the care, custody, and management of their child as a fundamental right. Applies this protection broadly across state and local laws and clarifies that it does not permit abuse or neglect or limit the state’s ability to intervene in cases of harm.

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Nevada Courts

"Strict Scrutiny" Applied to Parental Rights


Existing court precedent in Nevada already affirms parental rights.

  • In Rico v. Rodriguez, 121 Nev. 695, 704, 120 P.3d 812, 818 (2005) (citing Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion), the Nevada Supreme Court affirmed that parents have a "fundamental interest' . . . in the care, custody, and control of their children."
  • In addition, in In re J.L.N., 118 Nev. 621, 625, 55 P.3d 955, 958 (2002), the Nevada Supreme Court held that "[s]tatutes that infringe upon [the fundamental right of parents to care for and control their children] are . . . subject to strict scrutiny and must be narrowly tailored to serve a compelling interest." Therefore, in order to "terminate a parent's rights, a petitioner must prove, by clear and convincing evidence, that termination is in the child's best interests and that there is parental fault." Id. (quoting In re N.J., 116 Nev. 790, 801, 8 P.3d 126, 133 (2000)).