New Cases Added to MLAW: Three SCT Unpublished: D.C.M.M., Ballard, and K.N.D.M.

by | Nov 16, 2023 | Nevada Family Law Appeals | 0 comments

D.C.M.M. v. Dist. Ct. (Greenhalgh), No. 87207, Order Granting Petition for Writ of Mandamus (Unpublished Disposition, Sept. 8, 2023)

District court denied a petition for temporary guardian for medical purposes.

Grandparents have child who was abandoned by his parents.  The child had a chronic medical condition and the grandparents produced a letter of medical necessity.  A Writ of mandamus was filed and granted by the Supreme Court.

NRS 159A.052(2), allows for the appointment of a temporary guardians to serve for 10 days upon finding (1) “reasonable cause to believe that the proposed protected minor is in need of immediate medical attention which he or she cannot obtain without the appointment of a temporary guardian” and (2) that the petitioners satisfied notice requirements by either trying in good faith to notify the persons entitled to notice, or showing that giving notice “is not feasible under the circumstances,” or demonstrating that “[t]he proposed protected minor would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice.”

The grandparents had no idea where the parents were and needed the appointment to get required care for the child.  The SC found that a temporary guardianship for medical purposes was warranted and that NRS 159A.052 requirements were met.

Further, the SC disagreed with the district court’s conclusion that the circumstances were insufficient to establish that notifying the parents was not feasible.

 

In the Matter of the Petition of: William Howard Ballard, IV., No. 85700, Order of Affirmance (Unpublished Disposition, Sept. 14, 2023)

William Howard Ballard appeals a denial of a motion to unseal adoption record and his reconsideration motion of that order.

The NRCP 60(b) motion and the request to unseal the records was that he wanted to use the records to litigate a petition for a writ of habeas corpus related to the termination of his parental rights.  However, NRS 34.360, governing petitions for writs of habeas corpus, does not provide a basis to unseal adoption records. Also, no person has been unlawfully committed, detained, confined, or restrained of his or her liberty as the result of the civil proceedings at issue.

 

In the Matter of the Parental Rights as to K.N.D.M, K.E.S.M., K.E.M.M., K.M.K.M, No. 84605, Order of Affirmance (Unpublished Disposition, Oct. 23, 2023)

Mother appealed a termination of parental rights as to her four minor children.

NRS 128.105(1) requires that 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.

Despite determining that the order had many instances where the district court failed to provide relevant or sufficient support for its findings or applied the wrong legal analysis, the SC found that there was substantial evidence in the record supporting the district court’s parental-fault findings that Mother made only token efforts and continues to pose a risk of serious injury to the children due to being unhoused and because she was using illegal substances.

The record also demonstrated that substantial evidence supported the finding that termination of parental rights was presumptively in the children’s best interest. The district court properly considered the factors laid out in NRS 128.108.

 

 

Marshal S. Willick
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