Parental Rights in Nevada
Nevada Parental Rights News
Legislative Update and a Big Surprise
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…
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Nevada State Law and Parental Rights
Protected
We did it! Thanks in part to your support, Nevada law now explicitly protects parental rights.
In 2013, the Nevada legislature adopted Nevada Rev. Stat. Ann. § 126.036, to protect fundamental parental rights at the state level.
Senate Bill 314 was sponsored by Sen. Mo Denis. It passed the Senate unanimously on April 22 and the House by a 27-14 vote (1 excused) on May 24. It was signed into law by the Governor June 5.
Section one of the bill reads as follows:
The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.
Don't Miss a Critical Issue!
Nevada Courts and Parental Rights
"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)).