Nevada § 128.106 - Specific considerations in determining neglect by or unfitness of parent

§ 128.106. Specific considerations in determining neglect by or unfitness of parent

1. In determining neglect by or unfitness of a parent, the court shall consider, without

limitation, the following conditions which may diminish suitability as a parent: (a) Emotional illness, mental illness or mental deficiency of the parent which renders

the parent consistently unable to care for the immediate and continuing physical or

psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his or her home pursuant to chapter 432B of NRS . (b) Conduct toward a child of a physically, emotionally or sexually cruel or abusive

nature. (c) Conduct that violates any provision of NRS 200.463 , 200.4631 , 200.464 or 200.465 . (d) Excessive use of intoxicating liquors, controlled substances or dangerous drugs

which renders the parent consistently unable to care for the child. (e) Repeated or continuous failure by the parent, although physically and financially

able, to provide the child with adequate food, clothing, shelter, education or other

care and control necessary for the child's physical, mental and emotional health and

development, but a person who, legitimately practicing his or her religious beliefs,

does not provide specified medical treatment for a child is not for that reason alone

a negligent parent. (f) Conviction of the parent for commission of a felony, if the facts of the crime

are of such a nature as to indicate the unfitness of the parent to provide adequate

care and control to the extent necessary for the child's physical, mental or emotional

health and development. (g) Whether the child, a sibling of the child or another child in the care of the

parent suffered a physical injury resulting in substantial bodily harm, a near fatality

or fatality for which the parent has no reasonable explanation and for which there

is evidence that such physical injury or death would not have occurred absent abuse

or neglect of the child by the parent. (h) Inability of appropriate public or private agencies to reunite the family despite

reasonable efforts on the part of the agencies. 2. As used in this section, “ near fatality ” has the meaning ascribed to it in NRS 432B.175 .